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NY G80685

September 11, 2000

CLA-2-52:RR:NC:TA:351 G80685


TARIFF NO.: 5205.44.0090

Roland Jones
Vice President
Max Asie (USA) Inc.
716 Monterey Pass Road
Monterey Park, CA 91754

RE: The tariff classification of cotton yarn from China and Egypt.

Dear Mr. Jones:

In your letter dated August 16, 2000, you requested a classification ruling.

You have submitted two samples of cotton yarns on cones, which you describe as 100%, combed cotton yarns, multiple plies, “S” twisted on singles, with a final “Z” twist, used for sewing thread. One sample has an English yarn count of 40s/2; the other, 37s/2.

Note 5 to Section XI of the Harmonized Tariff Schedule of the United States (HTS) states:

“For the purposes of headings No. 52.04, 54.01 and 55.08, the expression ‘sewing thread’ means multiple (folded) or cabled yarn:

Put up on supports (for example, reels, tubes) of a weight (including support) not exceeding 1,000 g; Dressed for use as sewing thread; and

As the cone of yarn weighs approximately 1200 grams, the yarn cannot be considered sewing thread for classification purposes. In addition, the yarn does not appear to be dressed for use as sewing thread.

The applicable subheading for the cotton sewing thread will be 5205.44.0090, HTS, which provides for cotton yarn (other than sewing thread), containing 85% or more by weight of cotton, not put up for retail sale: Multiple (folded) or cabled yarn, of combed fibers: . . . Exceeding 52 nm but not exceeding 80 nm per single yarn; Other (than ring spun). The duty rate will be 9.9 percent ad valorem.

HTS 5205.44.0090 falls within textile category designation 301. Based upon international textile trade agreements products of China and Egypt are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mitchel Bayer at 212-637-7086.


Robert B. Swierupski

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