NY 862698: The tariff classification of plied polyester filament yarnfrom Japan.

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 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