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NY 868879

November 26, 1991

CLA-2-55:S:N:N3H:351 868879


TARIFF NO.: 5509.53.0060

Mr. Chip Stark
Brannock &. Stark, Ltd.
P.O. Box 98116
Raleigh, NC 27624-8116

RE: The tariff classification of a 50% polyester/50% cotton spun yarn from Korea.

Dear Mr. Stark:

In your letter received in our office on November 12, 1991, you requested a tariff classification ruling.

One sample of spun, singles yarn accompanied your correspondence. In your letter, you stated that it is made of 50% polyester and 50% cotton fibers, and that it is a combed yarn, raw white, measuring NE 36. An english cotton count of 36 equals 61 metric number (nm). Please note that even a small change in the weight breakdown for the imported merchandise may affect the classification. The yarn will be put up on cones and used in the United States for knitting.

The applicable subheading for the yarn will be 5509.53.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale, other yarn, of polyester staple fibers, mixed mainly or solely with cotton, exceeding 52 nm. The rate of duty will be 15 percent ad valorem.

The yarn falls within textile category designation 607. Based upon international textile trade agreements, products of Korea are subject to the requirement of a visa and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraints Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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