CATEGORY: Classification s334

NY 862698 May 3, 1991 CLA-2-54:S:N:N3H:351 862698

CATEGORY: Classification

TARIFF NOS.: 5402.20.6000; 5402.62.0000

Mr. Thomas C. Lloyd 3M Transportation Department P.O. Box 33250 St. Paul, MN 55133

RE: The tariff classification of plied polyester filament yarn from Japan.

Dear Mr. Lloyd:

In your letter dated April 10, 1991, you requested a tariff classification ruling.

You have submitted a sample of 100% polyester, continuous, multifilament, plied yarn that will not be put up for retail sale. In your letter, you stated that the unsterilized yarn measures 5667 decitex and that the plied (final) twist of the yarn is 40-100 turns per meter. The plied yarn sample has three strand. Descriptive literature submitted with your letter and sample shows a similar product, the 3M Kennedy Ligament Augmentation Device, constructed from high tenacity braided yarns. The polyester yarn that you inquire about will also be used in the United States for braiding purposes in 3M ligament augmentation implant devices. However, you should note that for Customs purposes "high tenacity yarn" made of plied polyesters is defined as having a tenacity measuring more than 53 centinewtons per tex.

The applicable subheading for the yarn, if high tenacity, will be 5402.20.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not put up for retail sales, ..,high tenacity yarn of polyesters, multiple (folded) or cabled. The yarn, if not considered to be high tenacity, will be classifiable under the provision for synthetic filament yarn (other than sewing thread), not put up for retail sale,.., other yarn, multiple (folded) or cabled, of polyesters, in subheading 5402.62.0000, HTS. The rates of duty for both subheadings will be 9.1 percent ad valorem.

The yarn, whether or not high tenacity, falls within textile category designation 606. Based upon international textile trade agreements, products of Japan are subject to the requirement of a visa. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraints Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire Area Director New York Seaport1