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NY 803757

November 22, 1994

CLA-2-70:S:N:N6:351 803757


TARIFF NO.: 7019.10.1080

Mr. John Weber
Norfab Corporation
1310 Stanbridge Street
Box 830
Norristown, PA 19404

RE: The tariff classification, and status under the North American Free Trade Agreement (NAFTA), of yarn made of glass, acrylic and brass wire, from Mexico; Article 509

Dear Mr. Weber:

In your letters dated October 7, 1994 and October 25, 1994, you requested a ruling on the tariff classification and status under the NAFTA, of yarns made of glass, acrylic and brass wire, from Mexico.

You have submitted a sample of item 6p526-3440, a twisted six-ply yarn, which you state is 60% glass, 20% brass wire and 20% acrylic. The yarn is not colored. The brass wire forms the core of each of the six plies, while the outer covering of each ply is a blend of fiberglass and acrylic fibers. You indicate that this yarn "is woven into brake lining and used as friction pads in industrial applications."

In your letter of October 7, you state that "raw materials are purchased in the United States" and that the yarn itself is manufactured in Mexico. In your supplemental letter of October 25, you indicate that "the fiberglass yarn that we import into Mexico is in filament form. The filament yarn is all produced in the United States." For purposes of this ruling letter, we will assume that this means that the glass filament was extruded in the United States and then sent to Mexico for production of this yarn.

As indicated in our ruling letter NY 803069 of October 14, 1994, the applicable tariff provision for yarn number 6p526-3440 will be 7019.10.1080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics); yarns; not colored; other. The general rate of duty will be 7.4 percent ad valorem.

Each of the non-originating materials used to make the yarn has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/70. The yarn will be entitled to a 6.8 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181).

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.


Jean F. Maguire
Area Director

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