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NY C83708




January 29, 1998

CLA-2-58:RR:NC:TA:350 C83708

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.20.0010

Ms. Mary Lee Courtney
Oceanair Inc.
135 American Legion Highway
Revere, MA 02151

RE: The tariff classification of a narrow woven fabric for further manufacture into spandex wrap, from China.

Dear Ms. Courtney:

In your letter dated January 16, 1998, on behalf of Tru-Fit Marketing Corp., you requested a classification ruling. The manufacturer is Yaw Liamy Enterprise Co.

The instant sample, which was not identified as to style or quality number, consists of a narrow woven fabric measuring about 3 inches wide. This fabric is composed of 65% nylon, 5% polyester man-made fibers and 30% latex, by weight. The construction of this material provides a corduroy-like effect. You indicate in your letter that after importation, this material which will be imported as roll goods, will be transformed into spandex wrap for retail sale by attaching a velcro patch and then sewing the other end into a loop to accommodate an ice/heat wrap.

The applicable subheading for the fabric will be 5806.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for ... other narrow woven fabrics, ... containing by weight 5 percent or more of elastomeric yarn or rubber thread, containing elastomeric yarn. The duty rate will be 7.6 percent ad valorem.

This merchandise falls within textile category designation 229. 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 George Barth at 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,

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