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NY K80300




November 20, 2003
CLA-2-59:RR:NC:3:350 K80300

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.0080

Omar Ferretti
Grobet File Company of America, Inc.
Zona Franca Industrial Las Americas
Nave I-6 Kilometro 22
Autopista Las Americas
Dominican Republic RNC 1-01-78125-4

RE: The tariff classification of buffing wheels, felt cone polishing buff, and a felt bur from the Dominican Republic

Dear Mr. Ferretti:

In your letter dated October 8, 2003, you requested a tariff classification ruling.

In your letter you describe the products as “buffing wheels and felt products used for cleaning and polishing jewelry.” Six samples were submitted with your letter. The submitted samples were not identified by part number, the textile composition of the samples was not provided and no description of the apparatus these samples will be used on was supplied. The four buffing wheels consist of numerous plies of woven fabric, circular in configuration, which are frayed along their circumference and stitched together with a heavy thread. There is a hole in the center of the buffing wheels most likely to facilitate its placement on a buffing machine. One sample appears to be a felt cone polishing buff that has a hole in the bottom, most likely to facilitate its being mounted on a mandrel. The last sample appears to be a cylinder shaped felt bur.

The applicable subheading for the buffing wheels, felt cone polishing wheel, and the felt bur will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles, for technical use. The rate of duty will be 4.2 percent ad valorem.

You have asked whether these products are eligible for consideration under the Caribbean Basin Trade Partnership Act (CBTPA) or the Caribbean Basin Economic Recovery Act (CBERA), also known as “CBI.” These products are not eligible for consideration under the CBTPA because the tariff provision where these items are classified, 5911.90.0080, HTS, is not eligible under such Act. Please refer to General Note 17 of the HTS. Articles classified under subheading 5911.90.0080, HTS, which are products of the Dominican Republic, are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA), upon compliance with all applicable regulations. Please refer to General Note 7 of the HTS, in particular General Note 7(d)(iii) that covers textile and apparel articles.

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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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