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NY I82857




June 6, 2002

CLA-2-54:RR:NC:N3:351 I82857

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.43.9020

Mr. William P. Kaufman
Expeditors International of Washington, Inc. International Airport Centre
400 Sonwil Drive, Suite 404
Buffalo, NY 14225

RE: The tariff classification of polyester yarn from Poland.

Dear Mr. Kaufman:

In your letter dated May 20, 2002, you requested a ruling on behalf of Zenon Environmental Inc., of Burlington, Ontario, on tariff classification.

You submitted a sample of a yarn which you describe as follows: “Melt extruded 400 dtex (360 denier) polyethyleneterephthalate (PET) fiber containing up to 0.35% TiO2 (titanium dioxide) and not more than 0.04% Sb2O3 (antimony oxide).” You also state that it will be braided in this country and further manufactured into a membrane that will be further processed for use in various ultrafiltration devices.

Under magnification, we have determined that it is a continuous yarn composed of numerous monofilaments joined without twist or with minimal twist into a single multifilament yarn. We assume from your description and its intended use that it is not high tenacity, not textured, and not put up for retail sale as these terms are defined for tariff purposes.

The applicable subheading for this product will be 5402.43.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, ...; of polyesters, other; other; ...; multifilament, untwisted or with twist of less than 5 tpm. The general rate of duty will be 8.4 percent ad valorem.

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.

Sincerely,

Robert B. Swierupski
Director,

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