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NY 880358




December 3, 1992

CLA-2-56:S:N:N3H:351 880358

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.50.2000; 5604.20.0000; 7019.10.2000; 9902.70.19

Mr. Kurt M. Moss
Japan Freight Consolidators (Calif.), Inc. 1800 Landmeier Road
Elk Grove Village, IL 60007

RE: The tariff classification of dipped man-made fiber and glass cords from Japan.

Dear Mr. Moss:

In your letter dated October 8, 1992 (received in our office on November 12, 1992), on behalf of MBL USA Corporation, you requested a tariff classification ruling.

You have submitted four samples of dipped multifilament man-made fiber and glass cords as follows: item nos. K-6B, K-4B, E-100/E100A and N-84/N-84A. All of the samples have a final "Z" twist, and they are dipped or coated with adhesives, primarily resorcinol formalin latex (RFL). The adhesives on the first sample, item K-6B, comprise 11.1% of the total weight and the 100% poly-aramide synthetic fiber cord portion comprises 88.9% of the weight. Item no. K-6B measures 12,230 decitex and has 6 plies. This cord has tenacity of 146.4 cN/tex. The second sample, item no. K-4B, is a 4-ply yarn measuring 7,900 decitex. The poly-aramide fiber portion comprises 87.1 of the cord's total weight and the adhesive coating comprises 12.9% of the weight. This cord has tenacity of 152.6 cN/tex, which is considered to be high tenacity.

The third sample, item no. E-100/E-100A, is a glass yarn that has been colored with a coating of RFL adhesive. It is a cabled 39-ply cord measuring 1.18 millimeters (mm) in diameter. The fourth sample, item no. N-84/N-84A, is also a glass yarn that has been colored with an RFL coating. It is a cabled 33-ply cord measuring 1.1 mm in diameter.

In a phone conversation with National Import Specialist Assistant Donald Corrigan on November 19, 1992, you stated that the two glass yarns are made of electrically nonconductive continuous fiberglass filaments measuring between 9 and 10 microns in diameter. You stated that all four samples will be used in the United States to make rubber belts.

The applicable subheading for the cord measuring more than 10,000 decitex, item no. K-6B, will be 5607.50.2000 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 rate of duty will be 15 percent ad valorem plus 27.6 cents per kilogram.

The applicable subheading for the dipped cord, item no. K-4B, will be 5604.20.0000, HTS, which provides for rubber thread and cord, textile covered; 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 polyamides or of viscose rayon, impregnated or coated. The rate of duty will be 10 percent ad valorem.

The two coated glass yarns, item nos. E-100/E100A and N-84/84A, will be classifiable under the provision for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics) ..., yarns, colored, in subheading 7019.10.2000, HTS. The rate of duty will be 9.6 percent ad valorem; however, if the cords are in fact 9 microns or 10 microns in diameter and imported on or before December 31, 1992, the duty will be suspended under subheading 9902.70.19, HTS.

The cords fall within textile category designation 201. Based upon international textile trade agreements, products of Japan are subject to the requirements of a visa.

The designated textile and apparel category 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 (Restraints 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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