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NY I89653




March 19, 2003

CLA-2-59:RR:NC:TA:350 I89653

CATEGORY: CLASSIFICATION

TARIFF NO.: 5906.91.2000

Mr. Lee H. White
White & Associates, Inc.
60 Deer Trail Drive
Springboro, OH 45066

RE: The tariff classification of neoprene rubber laminated textile fabrics, for use in the manufacture of braces and supports in the health care industry, from Taiwan.

Dear Mr. White:

In your letter dated December 11, 2002, you requested a tariff classification ruling.

The instant sample, as analyzed by the New York Customs Laboratory, is a three-layer material consisting of a neoprene rubber sheet which is sandwiched between two knit fabrics composed of nylon man-made fibers. You wrote the two circular knit fabrics are both of 75 denier polyester yarns, however, they are actually of nylon as determined by the lab. The lab further indicates that the overall material measures about 3.5 mm in thickness with the neoprene foam rubber portion comprising about 3 mm. Specifically, the laboratory made the following determination:

Wt. Of Textile: 206.5 g/m² (23.4%)
Wt. Of Neoprene: 674.8 g/m² (76.6%)
Total Wt.: 881.3 g/m²

The applicable subheading for the material will be 5906.91.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for rubberized textile fabrics, knitted or crocheted, of man-made fibers, over 70 percent by weight of rubber or plastics. The duty rate will be 0.4 percent ad valorem.

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 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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