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NY 879732



November 12, 1992

CLA-2-56:S:N:N3H:352 879732

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.50.2000; 5604.20.0000; 5408.21.0030

Mr. Kurt M. Moss
Japan Freight Consolidators (Calif.), Inc. 1800 Landmeier Road
Elk Grove Village, IL 60007

RE: The tariff classification of dipped polyester cords and 100% filament rayon woven fabric from Japan.

Dear Mr. Moss:

In your letter dated October 8, 1992 and received in this office on October 22, 1992, on behalf of MBL USA Corporation, you requested a tariff classification ruling.

You have submitted four samples of plied, dipped multifilament polyester cords and one sample of a rayon woven fabric. The multifilament polyester cords may be characterized as follows: item nos. S-10AW, measuring 13,500 decitex; S-6B, 8,400 decitex; and two samples labelled S-10B, one being 13,680 decitex and one being 13,800 decitex. The number after the "S" in each of the item numbers indicates the total number of plies in the cordage. All of the samples have a final Z-twist, and they are dipped or coated with resorcinol formalin latex (RFL) and poly chloroprene rubber CR)/isocianate/natural rubber. These adhesives comprise between 5.8% and 7.4% of the total weight, and the 100% polyester cord portions comprise between 92.6% and 94.2% of the total weight. The cords have tenacity measuring between 60.6 cN/tex and 67.1 cN/tex, which is considered to be high tenacity. The dipped polyester cords will be used in the United States to make industrial rubber belts.

The woven fabric, designated as manufacturer ID number JPMITBEL4KOB, is composed of 100% filament rayon. This item is plain woven and has been bleached. It contains 41 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. The fabric is constructed using 120 denier yarns in both the warp and the filling. Weighing 106 g/m2, it will be imported in 128 centimeter widths. The data provided indicates that this fabric has not been manufactured with high tenacity yarns.

The applicable subheading for the dipped cords, item numbers S-10AW and S-10B, which measure more than 10,000 decitex, 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 rate of duty will be 15 percent ad valorem plus 27.6 cents per kilogram.

The applicable subheading for the dipped cord, item number S- 6B, which measures less than 10,000 decitex, will be 5604.20.0000, HTS, which provides for rubber thread and cord, textile covered; 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, ... impregnated or coated. The rate of duty will be 10 percent ad valorem.

The applicable subheading for the bleached 100% filament rayon woven fabric will be 5408.21.0030, HTS, which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, unbleached or bleached, weighing not more than 170 g/m2. The rate of duty will be 17 percent ad valorem.

The cords fall within textile category designation 201. Based upon international textile trade agreements, products of Japan are subject to the requirement of a visa.

The rayon woven fabric falls within textile category designation 618. Based upon international textile trade agreements, products of Japan are subject visa requirements.

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 (Restraints 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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