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NY A83818




May 22, 1996

CLA-2-70:RR:NC:TP:351 A83818

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.19.1580, 7019.59.4000

Mr. Jim Gallmeyer
Hi Temp Products of Western Canada Inc.
P.O. Box 5294
Fort McMurray, Alberta
Canada T9H 3G3

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of fiberglass yarns and fabrics from China and Canada; Article 509

Dear Mr. Gallmeyer:

In your letter dated March 12, 1996 with additional information sent on May 9, 1996, you requested a ruling on the classification and status under the NAFTA, of fiberglass yarns and fabrics from China and Canada.

You have submitted two sample of "E" fiberglass yarns and described two fiberglass fabrics. The two yarns, which appear to be identical, are of uncolored fiberglass and do not appear to be impregnated with resorcinol formaldehyde latex. You state that they have a twist of 79 turns per meter. You also indicate that one yarn is made in China and the other is made in Canada; we assume this means that the filaments which make up the yarn were extruded in these countries.

The two fabrics are made from these same yarns. One fabric is referred to as 3783 16 oz. and is made in 152.5 or 96.5 centimeter widths, and the other is referred to as 3718 20 oz. and is made in 39 or 60 inch widths. These fabrics are woven in China and Canada, respectively, from yarns made (which we assume means extruded) in those same countries.

The applicable tariff provision for the yarns will be 7019.19.1580, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for glass fibers...and articles thereof...; other; yarns; not colored; other; other. The general rate of duty will be 7.2 percent ad valorem.

The applicable tariff provision for the fabrics will be 7019.59.4000, HTSUSA, which provides for glass fibers...and articles thereof...; other woven fabrics; other; not colored; other. The general rate of duty will be 8.1 percent ad valorem.

The yarn that is made in China falls within textile category designation 201 and the fabric (3783 16 oz.) that is made in China falls within textile category designation 622. 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. 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.

For the yarn that is extruded in Canada, each of the non-originating materials used to make the yarn has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/70. The yarn will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

For the fabric (3718 20 oz.) that is woven in Canada from yarn that is extruded in Canada, each of the non-originating materials used to make the yarn has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/70. The fabric will be entitled to a 1.6 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jeff Konzet at 212-466-5885.

Sincerely,

Roger J. Silvestri
Director

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