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NY 891768

October 27, 1993

CLA-2-54:S:N:N6:351 891768


TARIFF NO.: 5402.41.0040; 9905.54.05

Mr. Joseph L. Trulik
Tower Group International, Inc.
6730 Middlebelt Road
Romulus, MI 48174-2039

RE: The tariff classification of a singles nylon yarn from Canada.

Dear Mr. Trulik:

In your letter dated October 15, 1993, on behalf of Polytech Netting Industries, located in Ontario Canada, you requested a tariff classification ruling.

You have submitted a sample of a singles multifilament yarn identified as Code 264. The yarn is made of nylon type #6. According to Polytech Netting's descriptive information, the yarn measures between 1800 and 1870 decitex, and it has 14 turns per meter (TPM) and tenacity of 55 centinewtons per tex (cN/tex). For Customs purposes, single nylon yarns measuring 60 cN/tex or less are not considered to be high tenacity. Please note that a slight change in this product's twist or tenacity may affect the classifications shown below.

The applicable subheading for the nylon yarn will be 5402.41.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, ...; other yarn, single, untwisted or with a twist not exceeding 50 TPM; of nylon or other polyamides; multifilament, with twist of 5 turns or more per meter. The general rate of duty for this subheading is 10 percent ad valorem. However, Canadian nylon yarn provided for in subheading 5402.41.00, HTS, will also be eligible for classification in subheading 9905.54.05, HTS.

Goods classifiable under subheading 9905.54.05, HTS, which have originated in the territory of Canada, will be free of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.


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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