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NY K80614

November 13, 2003

CLA-2-54:RR:NC:N3:351 K80614


TARIFF NO.: 5406.10.0040

Ms. Edith Tolchin
EGT Global Trading
P.O. Box 231
Florida, NY 10921

RE: The tariff classification of polyester filament yarn from Taiwan.

Dear Ms. Tolchin:

In your letter dated Nov. 4, 2003, you requested a ruling on behalf of your client, FleeceByMail.com, of Ames, Iowa, on tariff classification.

You submitted a sample of a skein of polyester fleece yarn in a plastic bag. It is labeled “Fleeces Pieces™ Yarn.” Simple desk tests reveal it to be filament yarn of approximately 6,000 decitex; the skein weighs less than 500 grams. By virtue of these test results, the yarn meets the tariff definition of “put up for retail sale.” We have not verified this through laboratory testing, and will assume that our results are correct. Upon importation, however, if the fiber content and decitex are found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply.

The applicable subheading for this product will be 5406.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for man-made filament yarn (other than sewing thread), put up for retail sale, of polyesters. The general rate of duty will be eight percent ad valorem.

This product falls within textile category designation 200. Based upon international textile trade agreements products of Taiwan 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.).

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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