NY 866672: The tariff classification of spun partially carbonizedacrylic yarns from France.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                       
                              NY 866672
September 13, 1991

CLA-2-55:S:N:N3H:351 866672

CATEGORY:  Classification

TARIFF NO.: 5509.31.0000; 5509.32.0000

Mr. Matthew Chang
C. Itoh & Co. (America) Inc.
335 Madison Avenue
New York, NY 10017

RE:  The tariff classification of spun partially carbonized
acrylic   yarns from France.

Dear Mr. Chang:

     In your letter dated August 29, 1991, you requested a tariff
classification ruling.
         
     You have submitted two sample cones of spun acrylic yarns
known as pre-oxidized carbon fiber yarns.  The yarn sizes are 48
(81nm)/1 and 48 (81nm)/2 for the single and two-ply yarns,
respectively.  The single yarn has a "Z" twist and the plied yarn
has a final "S" twist.  Both of these black acrylic yarns are
partially carbonized (63% carbonization).  This percentage of
carbonization is not considered to be fully carbonized. 
According to the submitted Schappe's brochure, the pre-oxidized
acrylic fibers (yarns) will be used to make welders' suits and
safety gloves.

     The applicable subheading for the single yarn will be
5509.31.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for yarn (other than sewing thread) of
synthetic staple fibers, not put up for retail sale, containing
85 percent or more by weight of acrylic or modacrylic staple
fibers, single yarn.  The rate of duty will be 11 percent ad
valorem.

     The plied yarn will be classified under the provision for
yarn (other than sewing thread) of synthetic staple fibers, not
put up for retail sale, containing 85 percent or more by weight
of acrylic or modacrylic staple fibers, multiple (folded) or
cabled yarn, in subheading 5509.32.0000, HTS.  The rate of duty
will be 12 percent ad valorem.

     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 Seaport