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NY A83867




May 31, 1996

CLA-2-58:RR:NC:TP:351 A83867

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.20.0010; 5806.20.0090; 5903.90.2500; 6002.10.8020; 6002.10.8080

Mr. Ed Gleadall
Elastic Corporation of America
463 7th Avenue
New York, NY 10018

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of various elastic fabrics from Mexico; Article 509

Dear Mr. Gleadall:

In your letter dated May 20, 1996 you requested a ruling on the status of various elastic fabrics from Mexico under the NAFTA.

You have submitted 31 different samples of elastic fabric; as National Import Specialist Jeff Konzet indicated in a telephone conversation with you on May 22, 1996, we have selected five representative items for purposes of this ruling. The five selected samples are as follows:

STYLE #
DESCRIPTION

F-1054
Woven 86% polyester 19% spandex 1 1/2 inch wide fabric.

FH-1150
Woven 75% nylon 25% rubber 1 inch wide fabric.

K-9939
Knit 37% nylon 13% lycra 50% silicone 2 inch wide fabric, visibly coated with silicone (plastic), with a lace-like (open-work) appearance, made on a crochet machine.

Y-9488-B
Knit 74% nylon 26% lycra 1 3/16 inch wide fabric, with a lace-like (open-work) appearance, made on a crochet machine.

VN-8100
Knit 68% polyester 32% rubber 1 1/4 inch wide fabric, with a braided drawstring which was inserted directly into the fabric during the knitting process.

You have indicated that the rubber thread which is used in two of these items is made in Malaysia or Indonesia, and that for the remaining materials, all processes from fiber or filament extrusion through to the finished product occur in the United States and Mexico, with the final weaving or knitting occurring in Mexico.

The applicable tariff provision for style F-1054 will be 5806.20.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for narrow woven fabrics; other woven fabrics, containing by weight 5 percent or more of elastomeric yarn or rubber thread; containing elastomeric yarn. The general rate of duty will be 7.8 percent ad valorem.

The applicable tariff provision for style FH-1150 will be 5806.20.0090, HTSUSA, which provides for narrow woven fabrics; other woven fabrics, containing by weight 5 percent or more of elastomeric yarn or rubber thread; other. The general rate of duty will be 7.8 percent ad valorem.

The applicable tariff provision for style K-9939 will be 5903.90.2500, HTSUSA, which provides for textile fabrics impregnated, coated, covered or laminated with plastics...; other; of man-made fibers; other; other. The general rate of duty will be 8.3 percent ad valorem.

The applicable tariff provision for style Y-9488-B will be 6002.10.8020, HTSUSA, which provides for other knitted or crocheted fabrics; of a width not exceeding 30 cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread; other; open-work fabrics; warp-knit. The general rate of duty will be 9 percent ad valorem.

The applicable tariff provision for style VN-8100 will be 6002.10.8080, HTSUSA, which provides for other knitted or crocheted fabrics; of a width not exceeding 30 cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread; other; other. The general rate of duty will be 9 percent ad valorem.

Each of the non-originating materials used to make these five fabrics has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/58, 12(t)/59 and 12(t)/60. Under the NAFTA, upon compliance with all applicable laws, regulations, and agreements, styles F-1054 and FH-1150 will be entitled to a 4.4 percent ad valorem rate of duty, style K-9939 will be entitled to a 4.6 percent ad valorem rate of duty, and styles Y-9488-B and VN-8100 will be entitled to a 5 percent ad valorem rate of duty.

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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