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NY 865874

August 19, 1991

CLA-2-56:S:N:N3H:351 865874


TARIFF NO.: 5604.10.0000; 5806.20.0000; 6002.10.8000

Mr. Michael A. Reilly
Prym/Dritz Corporation
P.O. Box 5028
Spartanburg, SC 29304

RE: The tariff classification of various narrow elastomeric fabrics or cords from Malaysia.

Dear Mr. Reilly:

In your letter dated July 29, 1991, you requested a tariff classification ruling.

You have submitted three types of narrow elastomeric fabrics or cords, as follows: flat braided textile covered, multistrand elastic rubber cords; narrow, woven elastic fabrics (with two fast edges) containing rubber threads; and narrow, warp knit elastic fabrics containing spandex yarns. In all three types, the elastic rubber or spandex is covered with yarns made of polyester fibers. We assume that the sample fabrics or cords contain by weight 5 percent or more of spandex yarn or rubber thread. In a phone conversation with National Import Specialist Assistant Donald Corrigan on August 13, 1991, you stated that the country of manufacture will be Malaysia, that the widths of the fabrics or cords will be 1/8 inch to 3 inches, and that the material will be imported on reels or spool in continuous lengths.

The applicable subheading for the braided polyester/rubber cords will be 5604.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for rubber thread and cord, textile covered. The rate of duty will be 7.2 percent ad valorem.

The woven polyester/rubber fabrics will be classifiable under the provision for narrow woven fabrics, other than goods of heading 5807,...,other woven fabrics, containing by weight 5 percent or more of elastomeric yarn or rubber thread, in subheading 5806.20.0000, HTS.
The rate of duty will be 8 percent ad valorem.

The knitted polyester/spandex fabrics will be classifiable under the provision for other knitted or crocheted fabrics, of a width not exceeding 30 cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread, other, in subheading 6002.10.8000, HTS. The rate of duty will be 9.3 percent ad valorem.

The fabrics or cords classifiable in headings 5604, 5806, and 6002 fall within textile category designations 201, 229 and 222, respectively. Based upon international textile trade agreements, products of Malaysia are subject to the requirement of a visa and quota restraints.

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.


Jean F. Maguire
Area Director

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