CLA-2-59:S:N:N6:350 802177
Mr. Sid Thaler
S.R. Thaler
1355 15th Street, Suite 270A
P.O. Box 1657
Fort Lee, NJ 07024
RE: The tariff classification of a rubberized textile fabric
resembling tire cord fabric, from China.
Dear Mr. Thaler:
In your letter dated September 14, 1994, you requested a
classification ruling.
The instant sample, is of tire cord fabric construction,
i.e., it consists of a warp containing numerous strong cords and
a weft of fine yarns spaced about 3/4" apart to hold the warp in
position. Tire cord fabric must be of high tenacity yarns. In
the instant case, the warp yarns are 100% nylon and the weft
yarns 100% cotton. (This works out to be 99% nylon and 1%
cotton, by weight, respectively). This material has been dipped
in a resorcinol formaldehyde latex (RFL). The New York Customs
Laboratory tested the material for high tenacity yarns and,
although, the warp yarns of the sample sent was not long enough
for a complete analysis, based on a modified test, it was the
Lab's opinion that the nylon yarns would not pass the test for
high tenacity yarns. Tire cord fabric classified under 5902...
HTS, must be of the high tenacity type.
The applicable subheading for the product will be
5906.99.2500, Harmonized Tariff Schedule of the United States
(HTS), which provides for rubberized textile fabrics, other than
knitted or crocheted, of man-made fibers, not over 70 percent by
weight of rubber or plastics. The duty rate will be 7.6 percent
ad valorem.
This merchandise falls within textile category designation
229. Based upon international textile trade agreements products
of China are subject to quota and the requirement of a visa.
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. Since
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 Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport