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NY D85279

December 18, 1998

CLA-2-40:RR:NC:TA:350 D85279


TARIFF NO.: 4008.11.1000; 4008.11.5000

Mr. Michael Madden
Global Transportation Services, Inc.
895 Blue Gentian Road
Eagan, MN 55121

RE: The tariff classification of two different rubber/textile laminated fabrics for use in the manufacture of mouse pads, from Taiwan.

Dear Mr. Madden:

In your letter dated November 25, 1995 which followed up on previous correspondence between your office and ours, you requested a tariff classification ruling. This ruling is on behalf of Advertising Unlimited, Inc., Red Wing, MN.

Two representative samples were submitted. Both materials consists of a single ply of polyester man-made fiber knit fabric that has been laminated on one side with a relatively thick layer of what is stated to be natural rubber. We had asked, in a phone conversation, if the importer could ascertain the nature or name of this "natural" rubber. There is concern that what might be "called" natural may actually not be true natural rubber because of the compounding formulation. You informed us that the importer could only reiterate that the manufacturer/supplier told him that the material was an open cell (cellular) natural rubber.

These materials will be imported in rolls measuring 20 yards in length and 41 inches in width. After importation into the United States, this material will be printed on the textile face with a design, advertisements or company logos, then cut to make computer mouse pads.

You provided the following technical information for the two materials:
polyester/92% rubber, 1,720 g/mý
1/4"(6.4 mm): 6% polyester/94% rubber,

While we did not verify the weight of the rubber portions vis a vis the textile, the two materials were informally weighed by this office. The 1/8" material was found to weigh 1,804 g/mý while the 1/4" material was found to weigh approximately 3,113 g/mý, respectively. Since both materials weigh over 1,492 kg/mý, classification as a rubberized textile fabric under HTS heading 5906 is precluded.

The materials were not sent to the Customs laboratory for analysis because of the time element.

If of natural rubber, the applicable subheading for the two materials will be 4008.11.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for plates, sheets and strip, ..., of vulcanized rubber other than hard rubber, of cellular rubber, ..., of natural rubber. The rate of duty will be 0.8% ad valorem. Effective January 1, 1999, this rate will be Free.

If not of natural rubber, the applicable subheading would be 4008.11.5000 with duty of 4 percent ad valorem. Effective January 1, 1999, this rate will be 3.3 percent ad valorerm.

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 George Barth at 212-466-5884.


Robert B. Swierupski

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