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NY J81774




April 8, 2003

CLA-2-59:RR:NC:TA:350 J81774

CATEGORY: CLASSIFICATION

TARIFF NO.: 4008.11.5000

Ms. Cindy Arth
Acor Orthopaedic, Inc.
18530 S. Miles Pkwy.
Cleveland, OH 44128

RE: The tariff classification of a cellular rubber backed textile fabric, for use in orthotic insoles and sheet goods in the footwear industry, from Taiwan.

Dear Ms. Arth:

In your letter dated March 20, 2003, you requested a tariff classification ruling.

The instant sample, which measures about 4.5 mm in overall thickness, consists of a cellular rubber sheet that has been laminated on one side with a blue nylon knit fabric. You indicate that this material will be imported in cut sheets measuring 42" x 48" + 3% and the following weight breakdown was provided:

Wt. Of Neoprene: 1,380 - 1,400 g/m²
Wt. Of Nylon: 140 g/m²
Total Wt.: 1,520 – 1,540 g/m²

We weighed the submitted sample and found it to weigh approximately 1,675 g/m².

Chapter 59, note 4(a)(i) states, in part, that for purpose of heading 5906, the expression ”rubberized textile fabrics” means:

(i) weighing not more than 1, 500 g/m².

Accordingly, the applicable subheading for the material will be 4008.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for plates, sheets and strip, of vulcanized rubber other than hard rubber: of cellular rubber, other. The rate of duty will be 3.3 percent ad valorem.

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 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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