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NY N007501




March 7, 2007

CLA-2-56:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 5601.30.0000

Janice McEachern
Rogers and Brown Customs Brokers, Inc.
2 Cumberland St. (29401)
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of chopped fiber and yarn from Japan

Dear Ms. McEachern:

In your letter dated Feb. 23, 2007, you requested a tariff classification ruling on behalf of your client,Teijin Twaron USA, Inc. of Conyers, Georgia.

You submitted two samples. The first is para-Aramid chopped and dipped fiber, item number 128706. Aramid fibers are considered a polyamide, a synthetic fiber according to the terms of Section XI, Note 1(a), Harmonized Tariff Schedule of the United States (HTSUS).

According to the test data sheet, the cut length is approximately one millimeter. The Explanatory Note to heading 5601, HTSUS, describes textile flock as textile fibers not exceeding 5mm in length, produced by cutting textile fibers or tow; chopped fibers are also included.

The applicable subheading for the 1mm chopped fibers will be 5601.30.0000, HTSUS, which provides for textile flock. The rate of duty will be Free.

The second sample is para-Aramid yarn, item 132686. From our examination, it appears to be a two-ply filament yarn. We assume from the data you have submitted that the yarn will not be “put up for retail sale” as that term is defined in Note 4 to Section XI, HTSUS. Specifically, we assume it will be imported on supports (e.g., cones, tubes) weighing more than 85 grams each.

However, we are unable to determine from the test data provided whether or not it is high-tenacity yarn as defined in Note 6 to Section XI. Please express the tenacity in cN/tex (centinewtons per tex); specifically for plied polyamide yarns, is it greater than 53 cN/tex? Also, please verify that our determinations (plied filament yarn, not put up for retail sale) are correct.

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.

Sincerely,

Robert B. Swierupski
Director,

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