NY 894450 - The tariff classification of "Sideria" conjugated multifilament yarn and monofilament from Japan. - United States International Trade Commision Rulings

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NY 894450

February 16, 1994

CLA-2-54:S:N:N6:351 894450

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.49.0040; 5402.49.0080

Mr. Matthew Chang
Itochu International Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of "Sideria" conjugated multifilament yarn and monofilament from Japan.

Dear Mr. Chang:

In your letter dated January 28, 1993, you requested a classification ruling.

You have submitted a sample pirn of 18 denier multifilament conjugated yarn known as "Sideria" yarn. Each continuous filament in a "Sideria" yarn is a two-component fiber composed of 51% polyurethane (core) and 49% nylon (outer surface), by weight. Please note that a slight variation in this weight breakdown may affect the classification of the merchandise. The product will be imported either as 13 denier monofilament; or in 17, 18, and 20 denier size singles multifilament yarns with two filaments in each yarn. The singles yarns have 15 turns per meter (tpm). In your letter, you state that the monofilament and yarn are not put up for retail sale, not sewing thread, not textured, not high tenacity and not gimped. According to our New York laboratory, the 18 denier sample is not textured, elastomeric or gimped.

The applicable subheading for the 13 denier monofilament will be 5402.49.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex; other yarn, single, untwisted or with a twist not exceeding 50 tpm; other; monofilament; other; other. The duty rate will be 10 percent ad valorem.

The 17, 18 and 20 denier conjugated yarns will be classifiable under the provision for synthetic filament yarn (other than sewing thread), not put up for retail sale, ...; other yarn, single, untwisted or with twist not exceeding 50 tpm; other; multifilament, with twist of 5 turns or more per meter; other, in subheading 5402.49.0080, HTS. The rate of duty will be 10 percent ad valorem.

The Sideria yarns, except for the monofilament, fall within textile category designation 606. Based upon international textile trade agreements, products of Japan are subject to the requirement of a visa.

The designated textile and apparel categories 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 (Restraint 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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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