The tariff classification of high tenacity yarn from Japan

N233457 October 3, 2012 CLA-2-54:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 5402.20.6000 Abraham Velasquez Charles M. Schayer & Co. 7901 Somerset Blvd., #B Paramount, CA 90723 RE: The tariff classification of high tenacity yarn from Japan Dear Mr. Velasquez: In your letter dated Sept. 17, 2012, you requested a tariff classification ruling on behalf of your client, Bando USA, Inc., of Itasca, Ill. You submitted a sample of a three-ply (multiple) twisted multifilament yarn made of polyethylene terephthalate (PET), a form of polyester. The yarn’s diameter is approximately 1-2 mm, with a Z-twist. In an email message from the importer, we were told that the decitex is 6600. You state that it will be used in the manufacture of automotive and industrial rubber belts. The normal spooling methods for such industrial yarns weigh more than 85 grams per spool. We presume this will be the case with these yarns, precluding their classification as “put up for retail sale” as defined by Legal Note 4 to Section XI, HTSUS. The information submitted includes a tensile strength of 42 kilogram-force (kgf), which converts to a tenacity of 62.4 centinewtons/tex (cN/tex). Legal Note 6 to Section XI, HTSUS, defines “high tenacity yarn” of polyester as having a tenacity greater than 53 cN/tex. Based on our calculations, this polyester multiple yarn meets the tariff definition of high tenacity yarn. The applicable subheading for the multiple yarn will be 5402.20.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for synthetic filament yarn, not put up for retail sale, high tenacity yarn of polyesters: multiple (folded) or cabled. The rate of duty will be 7.5 percent ad valorem. You suggest that the proper classification for this yarn is in subheading 5607.49.3000, HTSUS, which provides for twine, cordage, ropes, and cables, whether or not plaited or braided: Of polyethylene or polypropylene. Please note that PET is a form of polyester and is not considered to be polyethylene. Also, Legal Note 3(A)(b) to Section XI, HTSUS, states that yarns of man-made fibers which measure 10,000 decitex or less are classifiable in chapters 54 or 55 and those which measure more than 10,000 decitex are classifiable in heading 5607. We were informed that this yarn measures 6600 decitex and, as a filament yarn, is classifiable in chapter 54. 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 the World Wide Web at http://www.usitc.gov/tata/hts/. The sample will be retained in our official case file. 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, Thomas J. Russo Director National Commodity Specialist Division