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NY M83387

May 18, 2006

CLA-2-54:RR:NC:N3:351 M83387


TARIFF NO.: 5403.41.0000

Mark Moraca
3304 Blue Bell Lane
Birmingham, AL 35242

RE: The tariff classification of yarn from China

Dear Mr. Moraca:

In your undated letter received in our office May 8, 2006, you requested a tariff classification ruling.

You state that the submitted sample is filament yarn made on a crochet machine and that it is 76% viscose and 24% nylon. It is approximately 3/8” wide. There is a knit stitch on either edge, with the yarns running across. You state the decitex is 134, but our examination has determined that it is closer to 5,000. In either case, since you state that it will be imported on 1-kg cones, according to the terms of Note 4A(a)(i) to Section XI, Harmonized Tariff Schedule of the United States (HTSUS), this yarn cannot be considered put up for retail sale.

The applicable subheading for the yarn will be 5403.41.0000, HTSUS, which provides for artificial filament yarn (other than sewing thread), not put up for retail sale; other yarn, multiple (folded) or cabled; of viscose rayon. The rate of duty will be 9.1% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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