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NY 892681




November 30, 1993

CLA-2-56:S:N:N6:351 892681

CATEGORY: CLASSIFICATION

TARIFF NO.: 5604.10.0000; 5806.20.0000

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of braided and woven narrow elastic fabrics from Taiwan.

Dear Mr. LeClair:

In your letter dated November 19, 1993, on behalf of Eagle Importing, you requested a classification ruling.

You have submitted samples of two types of narrow elastic fabrics or tapes, as follows: sample #1 is a 1 inch wide woven fabric composed of 75% polyester and 25% latex (rubber), by weight; and sample #2 is a 1/2 inch wide fabric of flat braided construction that is composed of 75% polypropylene and 25% latex, by weight. Samples #1 and #2 each contain 19 or 12 elastic rubber threads, respectively, that are covered with textile yarns. Both of the narrow cords have two fast edges and will be available in various widths ranging between 1/4 inch and 2 inches. We assume that the tapes will be imported in continuous lengths.

The applicable subheading for the woven tape, sample #1, will be 5806.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics, other than goods of heading 5807, ...; other woven fabrics, containing by weight 5 percent or more of elastomeric yarn or rubber thread. The duty rate will be 8 percent ad valorem.

The braided tape, sample #2, will be classifiable under the provision for rubber thread and cord, textile covered, in subheading 5604.10.0000, HTS. The rate of duty will be 7.2 percent ad valorem.

The elastic fabrics classifiable in headings 5806 and 5604 fall within textile category designations 229 and 201, respectively. Based upon international textile trade agreements,

2
products of Taiwan 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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