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NY 871204


February 12, 1992

CLA-2-60:S:N:N3H:351 871204

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.10.8000; 5806.20.0000

Mr. Aramando S. Trevino
A and A Customs Brokers Service, Inc.
415 South International Blvd., Box AA
Hidalgo, TX 78557

RE: The tariff classification of woven and knit elastic narrow fabrics from Mexico.

Dear Mr. Trevino:

In your letter dated January 29, 1992, on behalf of the Mexican manufacturer Elasticos Selectos S.A., you requested a tariff classification ruling.

You have submitted five samples of narrow elastic fabrics, item nos. 4001, 4016, 4017, 8091 and 8127. The elastic fabrics will be imported in rolls and used in the United States by the undergarment industry. The five samples measure between 3/8 inch and 5/8 inch in width, and each strip of fabric has two fast edges. They are primarily made of nylon or polyester fibers. The first sample, item no. 4001, is made of fabric that is of knitted construction, contains 34 percent rubber thread, and has one fast scalloped edge. The second and third samples, item nos. 4016 and 4017, are of knitted construction, have fast picot edges on one side only, one contain 11-13 percent Lycra spandex yarns, by weight. The fourth and fifth sample, item nos. 8091 and 8127, are of woven construction and contains 16-17 percent Lycra, by weight.

The applicable subheading for the knitted elastic fabrics; item nos. 4001, 4016 and 4017; will be 6002.10.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, of a width not exceeding 30cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread, other. The rate of duty will be 9.3 percent ad valorem.

The woven elastic fabrics, item nos. 8091 and 8127, will be classifiable under the provision for narrow woven fabrics, other than goods of heading 5807, other woven fabrics, containing by weight 5 percent or more of elastomeric yarn or rubber thread, in subheading 5608.20.0000, HTS. The rate of duty will be 8 percent ad valorem.

The knitted and woven elastic fabrics fall within textile category designation 222 and 229 respectively. Based upon international textile trade agreements, products of Mexico are subject to the requirements of a visa and quota restraints.

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.

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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