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NY 812525


October 23, 1995

CLA-2-54:R:N3:352 812525

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.10.0090

Mr. Alan Litwin

F.W. Myers & Co.

405 North French Road, Suite 100

Amherst, New York 14228

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of 100% filament nylon woven fabric from Canada; Article 509

Dear Mr. Litwin:

In your letter dated July 11, 1995, on behalf of your client Firestone Textiles, you requested a ruling on the status of two plain woven fabrics from Canada under the NAFTA. Only one sample of fabric accompanied your submission however you indicate that the specifications of both fabrics are identical and the difference between the two products is limited to the inclusion of metal rods inserted in the weaving process in one of the styles.

The submitted sample, designated as style TL3676-WD, is a plain woven fabric composed of 100% filament nylon. The fabric contains 11 warp ends per centimeter and 3.9 filling picks per centimeter. Laboratory analysis indicates that this product is constructed using 3 ply yarns in the warp and 2 ply yarns in the filling. The warp yarns represent 87% of the weight of this fabric while the filling yarns represent 13% of the weight of the fabric. The warp yarns have a tenacity of 54 centinewtons per tex while the filling yarns have a tenacity of 21 centinewtons per tex. The fabric weighs 605 g/m2 and will be imported in 164 centimeter widths.

Style TL3676-WD-ST is a plain woven fabric and is essentially identical to style TL3676-WD except that at 23 meter intervals a 1/8 inch in diameter steel rod is woven into the fabric to provide weight to the middle of the fabric which results in greater tension when the fabric passes through the various stages in the processing plant. The steel rods are 36 inches long and are woven into the fabric in the filling direction. The specification such as construction, weave and type of yarns used are identical to style TL3676-WD except that the weight of the fabric is slightly increased to 607 g/m2 as a result of the presence of the steel rods. These steel rods do not function as reinforcement for the fabric but merely increase the tension of the fabric when used in the processing regime.

Your correspondence indicates that the nylon warp yarns will be manufactured in Japan and that the nylon filling yarns will be manufactured in the United States. In addition, you state both fabrics are known as "Leader Fabric" and will be used to splice tire cord fabric rolls whenever changes have to be made on multistage treating units.

The applicable tariff provision for the both plain woven fabrics, designated as styles TL3676-WD and TL3676-WD-ST, will be 5407.10.0090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters, other. The general rate of duty will be 16.7 percent ad valorem.

These fabrics do not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/54, HTSUSA.

In addition, these products may be subject to a reduced rate of duty based upon the Tariff Preference Levels (TPL) established in Section XI, Additional U.S. Note 4 (a), up to the annual quantities specified in subdivision c of Note 4. Upon completion of the required documentation and up to the specified annual quantities, the "leader fabrics" may be eligible for the preferential rate of 5.1 percent ad valorem.

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

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 Alan Tytelman at 212-466-5896.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.

Sincerely,


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