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NY 898586

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June 14, 1994

CLA-2-59:S:N:N6:350 898586

CATEGORY: CLASSIFICATION

TARIFF NO.: 5902.10.1000

Ms. Sue Ellen
Continent (N.Y.), Inc.
57 W. 38th Street, Suite 302
New York, NY 10018

RE: The tariff classification of tyre cord fabric from the Dominican Republic.

Dear Ms. Ellen:

In your original letter which was received June 2, 1994, and follow up letter of June 8, 1994, you requested a classification ruling.

The instant sample was submitted in your follow up letter, however, you indicate it was supplied to you from one of your customers and not from the manufacturer in the Dominican Republic. We, therefore, did not test the sample for high tenacity yarns.

In your correspondence, you indicate that the nylon threads or yarns used to make this tyre cord fabric will originate in China. Once received in the Dominican Republic, they will be woven into the tyre cord fabric which will then be exported to the United States. The weaving of the Chinese yarn into tyre cord fabric in the D.R. is considered to be a substantial transformation and, therefore, the tyre cord fabric becomes a product of the Dominican Republic. We note, per a recent telephone conversation, that this tyre cord fabric will be sold to tire manufacturers.

The applicable subheading for the material will be 5902.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for tire cord fabric of high tenacity yarn of nylon or other polyamides, polyesters, or viscose rayon, of nylon or other polyamides. The duty rate will be 6.6 percent ad valorem.

Please note: The classification provided above stipulates that the yarns be of the high tenacity type, i.e., "high tenacity yarn" means yarn having a tenacity, expressed in cN/tex (centinewtons per tex), greater than the following:

Single yarn of nylon or other polyamides, or of polyesters ..60 cN/tex.

Multiple (folded) or cabled yarn of nylon or other polyamides, or of polyesters..53 cN/tex.

Single, multiple (folded) or cabled yarn of viscose rayon...27cN/tex.

Additionally, this merchandise must actually be used in the manufacture of tires in order to qualify for the above tariff classification.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of the Dominican Republic are subject to the requirement of a visa.

The designated textile and apparel categories 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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