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NY K89807

October 26, 2004
CLA-2-54:RR:NC:TA:352 K89807


TARIFF NO.: 5407.10.0090

Mr. David G. Murphy
Scarponi Textiles, Inc.
150 N. Miller Road, Suite 300B
Fairlawn, Oh 44333

RE: The tariff classification of a nylon woven chafer fabric, for use in the manufacture of tires, from Korea.

Dear Mr. Murphy:

In your letter dated September 23, 2004, which was a follow-up to your earlier inquiry, where we requested additional information, you requested a classification ruling.

The submitted sample is a woven chafer fabric. The purpose of this fabric in tire construction, is to protect the bead area of the tire from damage during the mounting and dismounting of the tire from the wheel or rim assembly. This material is composed of single ply nylon 6 type yarns (multifilament). Both the warp and weft yarns are the same and are 940 decitex nylon 6. The tenacity of the yarns is 7.26 centinewtons per decitex. Additionally, these yarns have been processed through a machine that increases their bulk by introducing air and entanglement into the yarns. Finally, this material is dipped in a RFL (resorcinol formaldehyde latex) solution. This application of RFL, which imparts an orange color to the material, will provide a greater level of adhesion between the yarn itself and the rubber compound that it will interface with in the tire.

You suggest that classification may be proper in tariff subheading 5902.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “tire cord fabrics of high tenacity yarn of nylon or other polyamides.” However, this is not correct. While tire cord fabric is also an integral component of a finished tire, it is not the same as a chafer fabric. Tire cord fabrics are used to form the carcasses and belts of tires. Fairchild’s dictionary states that “more conventional fabric, with roughly similar numbers of ends and picks per inch are used for beads, chafers and wrappings of tires.” Additionally, the Explanatory Notes to heading 5902 in the tariff states in part “these fabrics consist of a warp of parallel filament yarns, held in place, at specific distances, by weft yarns the weft, is widely spaced and intended solely to hold the warp in place.” Your material does not meet the definition of a true tire cord fabric.

The applicable subheading for the fabric will be 5407.10.0090, Harmonized Tariff Schedule of the United States (HTS), 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 rate of duty will be 13.6 percent ad valorem

This merchandise falls within textile category designation 620. Based upon international textile trade agreements products of Korea 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 646-733-3045.


Robert B. Swierupski

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