CLA-2-56:S:N:N6:351 803678
Mr. Gary Coast, Transportation Analyst
The Goodyear Tire & Rubber Company
Akron, OH 44316-0001
RE: The tariff classification of dipped and undipped cords used in
the manufacture of belts, from Brazil.
Dear Mr. Coast:
In your letter dated October 21, 1994, you requested a
classification ruling.
You have submitted eight samples of polyester cords used in
the manufacture of industrial and automotive belts, as follows:
code nos. 804, 824, 825, 841 and 878 are dipped in resorcinol
formaldehyde latex (RFL); and code nos. 13653, 13654 and 13655 are
not coated or dipped. All eight of the twisted plied yarns have a
final S-twist. Except for code nos. 841 and 13,653 which each have
3 plies and measure 6,666.6 decitex, the cords have 5 plies and
measure more the 10,000 decitex. Code nos. 804, 824 and 13,654
each measure 11,111 decitex; and code nos. 825, 878 and 13,655 each
measure 16,666.5 decitex. We calculate the tenacity of the style
no. 841 and 13,653 yarns to be 63.85 centinewtons per tex, which is
considered to be high tenacity. The decitex and tenacity
measurements shown above do not include the weight of RFL coating.
The applicable subheading for six of the cords, code nos. 804,
824, 825, 878, 13654 and 13,655, will be 5607.50.2000, Harmonized
Tariff Schedule of the United States (HTS), which provides for
twine, cordage, ropes and cables, whether or not plaited or braided
and whether or not impregnated, coated, covered or sheathed with
rubber or plastics; of other synthetic fibers; not braided or
plaited. The duty rate will be 15 percent ad valorem plus 27.6
cents per kilogram.
The coated yarn, code no. 841, will be classifiable under the
provision for textile yarn, and strip and the like of heading 5404
or 5405, impregnated, coated, covered or sheathed with rubber or
plastics; high tenacity yarn of polyesters, of nylon or other
2
polyamides or of viscose rayon, impregnated or coated, in
subheading 5604.20.0000, HTS. The rate of duty will be 10 percent
ad valorem.
The uncoated yarn, code no. 13,653, will be classifiable
under the provision for synthetic filament yarn (other than sewing
thread), not put up for retail sale, ..., high tenacity yarn of
polyesters, multiple (folded) or cabled, in subheading
5402.20.6000, HTS. The rate of duty will be 9.1 percent ad
valorem.
Seven of the eight cords fall within textile category
designation 201, except for code no. 13,653 which falls within
designation 606. Based upon international textile trade
agreements, products of Brazil 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