The tariff classification of gimped metallic thread and plied acrylic yarn from Korea.

NY 890102 September 13, 1993 CLA-2-56:S:N:N6:351 890102 CATEGORY: Classification TARIFF NO.: 5605.00.0090; 5509.32.0000 Ms. Betty Y. K. Henrickson Superior Threads & Yarns P.O. Box 1213 Kamuela, Hawaii 96743 RE: The tariff classification of gimped metallic thread and plied acrylic yarn from Korea. Dear Ms. Henrickson: In your letter dated August 26, 1993, you requested a classification ruling. You have submitted two samples of yarns, as follows: a metallic rayon core novelty yarn and a 100% Orlon acrylic "chenille" yarn. A sample of the metallic polyester core yarn was not received by this office, but we assume that it is identical to the rayon core yarn except for the core's material. The metallic rayon core yarn is composed of 30% metalized polyester film and 70% filament rayon yarn core, by weight; and it is of gimped or wrapped construction. The yarn measures 150 denier, and it will be put up as 10,000 (250 gram) and 5,000 meter cones. The Orlon acrylic yarn is a two-ply yarn with a final S-twist, not a "chenille" yarn as stated. The one pound cone's label identifies its size as 36s/2 (plies), and the yarn will be imported put up on one kilogram cones. Five other yarns listed in your letter, items A-E, will be ruled on under our control number 890070 after we receive a report from our laboratory. The applicable subheading for the two gimped metallic yarns will be 5605.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for metalized yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal; other. The duty rate will be 15 percent ad valorem. The Orlon acrylic yarn will be classifiable under the provision for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale; containing 85% or more by 2 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. The two metallic yarns and the acrylic yarn fall within textile category designations 201 and 604, respectively. Based upon international textile trade agreements, products of Korea are subject to quota and the requirement of a visa. The designated textile and apparel categories 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 (Restraint 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 Seaport