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NY 809995




May 15, 1995

CLA-2-60:S:N:N6:351 809995

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.30.9000

Mr. Steven T. Bernstein
H.Z. Bernstein Co., Inc.
2975 Kennedy Blvd.
Jersey City, NJ 07306

RE: The tariff classification of narrow knitted elastic fabric, footwear and girdles from the Dominican Republic; assembly.

Dear Mr. Bernstein:

In your letter dated May 5, 1995, on behalf of Just-A-Stretch of R.I. Inc., you requested a classification ruling.

You have submitted a sample of an elastic trim knitted in the Dominican Republic from American-made polyester yarn and latex rubber thread. We assume that the fabric's rubber thread is five percent or more of the total weight. The narrow warp knit fabric measures one inch in width and has fast edges. The knitted fabric will be imported into the United States in bulk (continuous lengths). Also, you propose to import finished footwear and cotton girdles assembled in the Dominican Republic using knit elastic fabric, identical to the submitted sample, as a component material. No samples of the shoes or girdles were submitted with this ruling request.

The applicable subheading for the elastic trim will be 6002.30.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics; of a width not exceeding 30 centimeters, containing by weight 5 percent or more of elastomeric yarn or rubber thread; other. The duty rate will be 7.9 percent ad valorem.

The Dominican-made fabric will not be eligible for an allowance for the value of the supplied American-made yarn or latex thread under subheading 9802.00.80, HTS. The knitting process goes beyond the type of assembly operation allowed under this provision.

The fabric falls within textile category designation 222. Based upon international textile trade agreements, products of the Dominican Republic are subject to the requirement of a visa.

2

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.

Your inquiry does not provide enough information for us to give a classification ruling on the footwear and girdles. Your request for a classification ruling should include samples of the imported finished products, samples of the pieces being assembled in the Dominican Republic, and information about the origin of the component materials.

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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