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NY 803678




November 1, 1994

CLA-2-56:S:N:N6:351 803678

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.50.2000; 5604.20.0000; 5402.20.6000

Mr. Gary Coast, Transportation Analyst
The Goodyear Tire & Rubber Company
Akron, OH 44316-0001

RE: The tariff classification of dipped and undipped cords used in the manufacture of belts, from Brazil.

Dear Mr. Coast:

In your letter dated October 21, 1994, you requested a classification ruling.

You have submitted eight samples of polyester cords used in the manufacture of industrial and automotive belts, as follows: code nos. 804, 824, 825, 841 and 878 are dipped in resorcinol formaldehyde latex (RFL); and code nos. 13653, 13654 and 13655 are not coated or dipped. All eight of the twisted plied yarns have a final S-twist. Except for code nos. 841 and 13,653 which each have 3 plies and measure 6,666.6 decitex, the cords have 5 plies and measure more the 10,000 decitex. Code nos. 804, 824 and 13,654 each measure 11,111 decitex; and code nos. 825, 878 and 13,655 each measure 16,666.5 decitex. We calculate the tenacity of the style no. 841 and 13,653 yarns to be 63.85 centinewtons per tex, which is considered to be high tenacity. The decitex and tenacity measurements shown above do not include the weight of RFL coating.

The applicable subheading for six of the cords, code nos. 804, 824, 825, 878, 13654 and 13,655, 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 duty rate will be 15 percent ad valorem plus 27.6 cents per kilogram.

The coated yarn, code no. 841, will be classifiable under the provision for 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, of nylon or other

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polyamides or of viscose rayon, impregnated or coated, in subheading 5604.20.0000, HTS. The rate of duty will be 10 percent ad valorem.

The uncoated yarn, code no. 13,653, will be classifiable under the provision for synthetic filament yarn (other than sewing thread), not put up for retail sale, ..., high tenacity yarn of polyesters, multiple (folded) or cabled, in subheading 5402.20.6000, HTS. The rate of duty will be 9.1 percent ad valorem.

Seven of the eight cords fall within textile category designation 201, except for code no. 13,653 which falls within designation 606. Based upon international textile trade agreements, products of Brazil 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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