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NY I80668

April 19, 2002

CLA-2-55:RR:NC:N3:351 I80668


TARIFF NO.: 5509.53.0030

Mr. Doug Coath, Jr.
Frank W. Winne & Son, Inc.
44 North Front St.
Philadelphia, PA 19106

RE: The tariff classification of polyester/cotton yarn from Taiwan or the Philippines.

Dear Mr. Coath:

In your letter dated April 10, 2002, you requested a ruling on tariff classification. Your letter was a follow-up to your letter of March 28, which we returned to you on our file I80331 for more information. You have now provided that information.

You submitted a sample of a yarn said to be 65% polyester and 35% cotton. It will be imported in various sizes and weights, ranging in decitex from 2326 to 9302, with metric numbers (nm) ranging from 1.08 to 4.3. All will be ring spun 8’s in six different plies ranging from 3 to 12. They will be imported on 5-lb. cones.

The applicable subheading for all of these yarns will be 5509.53.0030, 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, not exceeding 52nm. The general rate of duty will be 13.6 percent ad valorem. Merchandise classified in this subheading is not subject to quota restrictions or visa requirements from either Taiwan or the Philippines.

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 646-733-3102.


Robert B. Swierupski

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