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NY 897539



May 10, 1994

CLA-2-59:S:N:N6:350 897539

CATEGORY: CLASSIFICATION

TARIFF NO.: 5906.99.2500

Ms. Pam Brown
Cargo U.K., Inc.
4790 Aviation Parkway
Atlanta, GA 30349

RE: The tariff classification of a latex (rubber) coated fabric from Great Britain.

Dear Ms. Brown:

In your letter dated April 20, 1994, on behalf of The Gates Rubber Company, you requested a tariff classification ruling. You provided the following ID.# for the supplier: GBJOHHEADEV.

The instant sample, black in color, consists of a 100% filament nylon twill woven fabric that has been coated on one side with a latex rubber. This material appears to be for use in the manufacture of automobile timing belts based upon your previous inquiry. In the reply to your previous inquiry (NY ruling 888935, August 30, 1993), the weight of the base twill woven nylon fabric was given as 662g/m2. This coated material was found to weigh 788g/m2 by the New York Customs laboratory, which indicates, by comparison, that the rubber is approximately 16 percent of the total weight of the material.

The applicable subheading for the material will be 5906.99.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for rubberized textile fabrics, other than knitted or crocheted, not over 70 percent by weight of rubber or plastics. The rate of duty will be 8.5 percent ad valorem.

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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