NY 0853539 - The tariff classification of shoulder pads from the Dominican Republic. - United States International Trade Commision Rulings

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NY 853539

July 3, 1990

CLA-2-39:S:N:N3G:221 853539

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9050; 6217.10.0010; 6217.10.0040

Mr. Mario H. Aybar
Maybar Tex.
315 Wadsworth Avenue
New York, NY 10040

RE: The tariff classification of shoulder pads from the Dominican Republic.

Dear Mr. Aybar:

In your letter dated May 25, 1990, you requested a classification ruling.

The shoulder pads will be imported in several ways. Some shoulder pads consist of only foamed plastic. A textile cover will be added to the pad after importation. Other shoulder pads consist of a foamed plastic center that is covered with either cotton or silk.

The applicable subheading for the foamed plastic shoulders that are not covered with a textile fabric at the time of importation will be 3926.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the shoulder pads covered with a cotton material will be 6217.10.0010, HTS, which provides for other made up clothing accessories, of cotton. The rate of duty will be 15.5 percent ad valorem.

The applicable subheading for the shoulder pads covered with a silk material will be 6217.10.0040, HTS, which provides for other made up clothing accessories, containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 15.5 percent ad valorem.

The shoulder pad covered with a cotton material falls within textile category designation 359. Based upon international textile trade agreements, products of the Dominican Republic are subject to the requirements of a visa.

The designated textile and apparel category 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.

Articles classifiable under subheadings 3926.90.9050, 6217.10.0010, and 6217.10.0040, HTS, which are the products of the Dominican Republic, are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations. Articles classifiable under subheading 3926.90.9050, HTS, are also eligible for duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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

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