CLA-2-58:RR:NC:TP:351 A83867
6002.10.8020; 6002.10.8080
Mr. Ed Gleadall
Elastic Corporation of America
463 7th Avenue
New York, NY 10018
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of various elastic
fabrics from Mexico; Article 509
Dear Mr. Gleadall:
In your letter dated May 20, 1996 you requested a ruling on
the status of various elastic fabrics from Mexico under the
NAFTA.
You have submitted 31 different samples of elastic fabric;
as National Import Specialist Jeff Konzet indicated in a
telephone conversation with you on May 22, 1996, we have selected
five representative items for purposes of this ruling. The five
selected samples are as follows:
STYLE #
DESCRIPTION
F-1054
Woven 86% polyester 19% spandex 1 1/2 inch wide
fabric.
FH-1150
Woven 75% nylon 25% rubber 1 inch wide fabric.
K-9939
Knit 37% nylon 13% lycra 50% silicone 2 inch wide
fabric, visibly coated with silicone (plastic),
with a lace-like (open-work) appearance, made on a
crochet machine.
Y-9488-B
Knit 74% nylon 26% lycra 1 3/16 inch wide fabric,
with a lace-like (open-work) appearance, made on a
crochet machine.
VN-8100
Knit 68% polyester 32% rubber 1 1/4 inch wide
fabric, with a braided drawstring which was
inserted directly into the fabric during the
knitting process.
You have indicated that the rubber thread which is used in
two of these items is made in Malaysia or Indonesia, and that for
the remaining materials, all processes from fiber or filament
extrusion through to the finished product occur in the United
States and Mexico, with the final weaving or knitting occurring
in Mexico.
The applicable tariff provision for style F-1054 will be
5806.20.0010, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for narrow woven fabrics;
other woven fabrics, containing by weight 5 percent or more of
elastomeric yarn or rubber thread; containing elastomeric yarn.
The general rate of duty will be 7.8 percent ad valorem.
The applicable tariff provision for style FH-1150 will be
5806.20.0090, HTSUSA, which provides for narrow woven fabrics;
other woven fabrics, containing by weight 5 percent or more of
elastomeric yarn or rubber thread; other. The general rate of
duty will be 7.8 percent ad valorem.
The applicable tariff provision for style K-9939 will be
5903.90.2500, HTSUSA, which provides for textile fabrics
impregnated, coated, covered or laminated with plastics...;
other; of man-made fibers; other; other. The general rate of
duty will be 8.3 percent ad valorem.
The applicable tariff provision for style Y-9488-B will be
6002.10.8020, HTSUSA, which provides for other knitted or
crocheted fabrics; of a width not exceeding 30 cm, containing by
weight 5 percent or more of elastomeric yarn or rubber thread;
other; open-work fabrics; warp-knit. The general rate of duty
will be 9 percent ad valorem.
The applicable tariff provision for style VN-8100 will be
6002.10.8080, HTSUSA, which provides for other knitted or
crocheted fabrics; of a width not exceeding 30 cm, containing by
weight 5 percent or more of elastomeric yarn or rubber thread;
other; other. The general rate of duty will be 9 percent ad
valorem.
Each of the non-originating materials used to make these
five fabrics has satisfied the changes in tariff classification
required under HTSUSA General Note 12(t)/58, 12(t)/59 and
12(t)/60. Under the NAFTA, upon compliance with all applicable
laws, regulations, and agreements, styles F-1054 and FH-1150 will
be entitled to a 4.4 percent ad valorem rate of duty, style K-
9939 will be entitled to a 4.6 percent ad valorem rate of duty,
and styles Y-9488-B and VN-8100 will be entitled to a 5 percent
ad valorem rate of duty.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181). This ruling letter
is binding only as to the party to whom it is issued and may be
relied on only by that party.
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 Jeff
Konzet at 212-466-5885.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division