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NY G84855

November 30, 2000

CLA-2-58:RR:NC:TA:352 G84855


TARIFF NO.: 5802.19.0000

Mr. Ron Waynick
RPM Engineering
1616 Centerville Turnpike #209
Virginia Beach, VA 23464

RE: The tariff classification of a laminated fabric consisting of two outer layers of 100% cotton woven terry fabric with a central core of styrene-butadiene rubber from Taiwan.

Dear Mr. Waynick:

In your letter dated November 20, 2000 you requested a classification ruling.

The submitted sample is a laminated product consisting of two layers of 100% cotton woven loop piled fabric laminated on both sides of a central core of cellular styrene-butadiene rubber. Each of the loop pile terry woven fabrics has been dyed and weighs approximately 440 g/m2 while the styrene-butadiene core weighs approximately 1100 g/m2. It is assumed that this fabric will be imported in widths exceeding 30 centimeters. Your correspondence indicates that this product will be used in the manufacture of knee, ankle, elbow and back supports.

Your letter suggests that you believe that this item is classifiable as a rubberized textile fabric in heading 5906. Classification of this item in heading 5906 is not possible. Note 1 to chapter 59 states:

Except where the context otherwise requires, for the purposes of this chapter the expression “textile fabrics” applies only to the woven fabrics of chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted and crocheted fabrics of heading 6002.

Note 4 to chapter 59 defines “rubberized textile fabrics” and states in part that for the purposes of heading 5906 that rubberized textile fabrics mean:

Textile fabrics impregnated, coated, covered or laminated with rubber:

Read in combination the Notes above lead to the inescapable conclusion that a laminated product involving a pile fabric classifiable in heading 5802 is excluded from classification in heading 5906 since it is not considered a “textile fabric” for the purposes of chapter 59 by operation of Note 1 to chapter 59.

The applicable subheading for the laminated fabric will be 5802.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for terry toweling and similar woven terry fabrics, other than narrow fabrics of heading 5806, tufted textile fabrics, other than the products of heading 5703, terry toweling and similar woven terry fabrics, of cotton, other. The duty rate will be 10.1 percent ad valorem.

This product falls within textile category designation 224. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Alan Tytelman at 212-637-7092.


Robert B. Swierupski

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