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January 15, 1999

CLA-2-58:RR:NC:TA:351 D86378


TARIFF NO.: 5806.10.2800; 5806.20.0010

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

RE: The tariff classification of narrow elastic fabric from Hong Kong

Dear Ms. Watson:

In your letter dated January 5, 1999, you requested a classification ruling.

The subject merchandise is narrow elastic woven fabric. Six samples were submitted and the following information was supplied for each: (1) Sample I5165 is 17% spandex, 83% nylon and measures 3/8 inch in width. (2) Sample I5166 is 6% nylon, 14% spandex, 80% polyester and measures 1/2 inch in width. (3) Sample I5167 is 18% spandex, 82% nylon and measures 1/2 inch in width. (4) Sample I5164 is 13% spandex, 6% nylon, 81% polyester and measures 5/8 inch in width. (5) Sample I3426 is 16% spandex, 84% polyester and measures 11/16 inch in width. (6) Sample I5975 is 28% spandex, 72% nylon and measures 1/2 inch in width.

Samples I5165, I5166, I5167 and I5164 appear to be woven under tension with a highly texturized slightly twisted yarn in the warp. Upon release from tension these warp yarns rise to form a raised loop surface.

The applicable subheading for samples I5165, I5166, I5167 and I5164 will be 5806.10.2800, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics, woven pile fabrics, of man-made fibers, other. The duty rate will be 9 percent ad valorem.

The applicable subheading for samples I3426 and I5975 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 or rubber thread, containing elastomeric yarn. The duty rate will be 7.5 percent ad valorem.

All of these narrow fabrics fall within textile category designation 229. Based upon international textile trade agreements products of Hong Kong require a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa 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 Camille Ferraro at 212-466-5885.


Robert B. Swierupski

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