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NY 802177




February 2, 1995

CLA-2-59:S:N:N6:350 802177

CATEGORY: CLASSIFICATION

TARIFF NO.: 5906.99.2500

Mr. Sid Thaler
S.R. Thaler
1355 15th Street, Suite 270A
P.O. Box 1657
Fort Lee, NJ 07024

RE: The tariff classification of a rubberized textile fabric resembling tire cord fabric, from China.

Dear Mr. Thaler:

In your letter dated September 14, 1994, you requested a classification ruling.

The instant sample, is of tire cord fabric construction, i.e., it consists of a warp containing numerous strong cords and a weft of fine yarns spaced about 3/4" apart to hold the warp in position. Tire cord fabric must be of high tenacity yarns. In the instant case, the warp yarns are 100% nylon and the weft yarns 100% cotton. (This works out to be 99% nylon and 1% cotton, by weight, respectively). This material has been dipped in a resorcinol formaldehyde latex (RFL). The New York Customs Laboratory tested the material for high tenacity yarns and, although, the warp yarns of the sample sent was not long enough for a complete analysis, based on a modified test, it was the Lab's opinion that the nylon yarns would not pass the test for high tenacity yarns. Tire cord fabric classified under 5902... HTS, must be of the high tenacity type.

The applicable subheading for the product will be 5906.99.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for rubberized textile fabrics, other than knitted or crocheted, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be 7.6 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of China are subject to quota and 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
New York Seaport

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