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NY I87211

October 10, 2002

CLA-2-52:RR:NC:N3:351 I87211


TARIFF NO.: 5205.42.0090

Mr. Dennis Awana
Inter-Orient Services
1455 Monterey Pass road #205
Monterey Park, CA 91754

RE: The tariff classification of cotton yarn from China.

Dear Mr. Awana:

In your letter dated October 2, 2002, you requested a ruling on behalf of Shi Tong Corp. on tariff classification.

You submitted a sample of cotton yarn which you describe as 100% cotton 35s double and triple combed, weighing 1kg per roll. The term ā€œ35sā€ is a trade term signifying that the English cotton number per single yarn is 35 which, when converted to the metric number (nm) used in the Harmonized Tariff Schedule of the United States (HTS), is 59.

According to Mr. Cui of Shi Tong, whom we contacted by phone, the country of origin of the yarn is China.

The applicable subheading for the cotton yarn will be 5205.44.00, which provides for cotton yarn (other than sewing thread), containing 85 percent 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. The duty rate will be 9.9 percent ad valorem. If it is ring spun, the statistical suffix will be 20; if not ring spun, the statistical suffix will be 90. The general rate of duty will be 9.9 percent ad valorem.

You have suggested that the applicable subheading for the cotton yarn will be 5205.41.0090, HTS, which would apply if this yarn were not exceeding 14nm per single yarn. However, your letter plainly states that the yarn is 35s, meaning that the nm is 59.

This product falls within textile category designation 301. Based upon international textile trade agreements products of China are currently 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 646-733-3102.


Robert B. Swierupski

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