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NY 893638



January 18, 1994

CLA-2-59:S:N:N6:350 893638

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500; 5906.99.2500

Mr. John Taddeo
Trans-Border Customs Services, Inc.
Cargo Building 80, Room 228
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of hook and loop fastener tape for use in apparel, from Korea.

Dear Mr. Taddeo:

In your letter dated December 29, 1993, on behalf of Hyousng (America), Inc., New York, N.Y., you requested a classification ruling.

The instant sample, a hook and loop type fastener tape, consists of a nylon woven narrow pile ground fabric that has been visibly coated on one side with a pressure sensitive adhesive. This material appears to have been cut from a wider width. You indicate that the adhesive may be either a rubber or acrylic plastics substance. This coating substance does not appear to comprise over 70 percent by weight of the total weight of the fabric. A paper release protects the adhesive on the one surface.

The applicable subheading for the material, if coated with a plastic adhesive, will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be 8.5 percent ad valorem.

The applicable subheading for the material, if coated with a rubber adhesive, will be 5906.99.2500, HTS, which provides for rubberized textile fabrics, other than knitted or crocheted, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate is also 8.5 percent ad valorem.

This merchandise, regardless of which of the above two classifications it comes under, falls within textile category designation 229. Based upon international textile trade agreements, products of Korea are subject to quota and 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 (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

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