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NY B88614

August 27, 1997

CLA-2-58:RR:NC:TA:351 B88614


TARIFF NO.: 5806.20.0010; 6217.90.9085

Ms. Janice Watson
Elastic Corporation of America
455 Highway 70
Columbiana, Alabama 35051

RE: The tariff classification of elastic narrow woven fabric, either in the piece or banded (sewn into loops), from Hong Kong

Dear Ms. Watson:

In your letter dated August 5, 1997 you requested a classification ruling.

You have enclosed samples of a 33 millimeter wide woven elastic fabric with a fiber content of 91% polyester and 9% spandex. One sample is in the form of continuous piece goods, while the other has been "banded," or cut and sewn to itself to form a loop 60 centimeters in circumference. Per your telephone conversation with National Import Specialist Jeff Konzet on August 26, 1997, this article will be used as a waistband in underwear.

The applicable subheading for the elastic fabric in the form of continuous piece goods will be 5806.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics; other woven fabrics, containing by weight 5 percent or more of elastomeric yarn. The duty rate will be 7.7 percent ad valorem. The applicable subheading for the same material in the form of a loop to be used as a waistband will be 6217.90.9085, HTS, which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212; parts; other; other; of man made fibers. The duty rate will be 15.2 percent ad valorem.

The fabric in the form of piece goods falls within textile category designation 229. The waistband falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are subject to 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. 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 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 Jeff Konzet at 212-466-5885.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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