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NY L84160

April 21, 2005

CLA-2-55:RR:NC:N3:351 L84160


TARIFF NO.: 5503.20.0065

Chris Kuehler
CK Logistics, Inc.
P.O. Box 461612
San Antonio, Texas 78246

RE: The tariff classification of polyester staple fiber from China

Dear Mr. Kuehler:

In your letter dated April 12, 2005, you requested a tariff classification ruling on behalf of Toy Factory, of San Antonio, Texas.

The submitted sample is identified as polyester fiber. You indicate that this is grade A 15D (which we take to mean 15 decitex) x 32MM polyester fiber that is hollow, conjugated (side-by-side construction), and soliconized. You also state that, after importation, the fiber will be run through a carding/picking machine, which opens the fiber and fluffs it up prior to being used as stuffing for toys. It will be imported in bales weighing 700 – 800 lbs. each.

The applicable subheading for the polyester fiber will be 5503.20.0065, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic staple fibers, not carded, combed, or otherwise processed for spinning: of polyesters:Other:Measuring 13.2 decitex or more. The rate of duty will be 4.3 percent ad valorem.

The merchandise in question may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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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