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NY K87628

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July 22, 2004
CLA-2-58:RR:NC:TA:350 K87628

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.32.2000

Mr. Gary H. Jones
Expeditors International
6950 Engle Road, Suite XX
Middleburg Heights, OH 44130

RE: The tariff classification of a narrow woven fastening tape, from Korea.

Dear Mr. Jones:

In your letter dated June 29, 2004, on behalf of Avery Dennison - Specialty Tape Division, 250 Chester Street, Bldg #5, Painesville, OH 44077, you requested a tariff classification ruling.

The instant sample, as described in your correspondence, consists of a narrow woven tape measuring approximately 1¾" in width. This tape is composed of narrow woven polypropylene plastic strips in the warp (under 5 mm in apparent width) and polypropylene plastic filaments in the weft measuring less than 1 mm in apparent width. As such, this material is considered to be of textile man-made fibers for tariff purposes. This material will be imported in 100-yard lengths and will be used to fasten hanging HVAC ducts after importation.

Your contention that this tape is classifiable in tariff subheading 5806.10.2400 is not correct. That provision stipulates that all such products classifiable therein, must be of a pile construction. Your tape is of a plain woven construction.

The applicable subheading for the product will be 5806.32.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other narrow woven fabrics, of man-made fibers. The rate of duty will be 6.2 percent ad valorem.

We concur that this material falls within textile category 229, however, there are no textile restraints being imposed at this time.

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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See also:

• Tariff No.: 5806.10.24 - Narrow woven pile fastener fabric tapes (other than goods of heading 5807) of man-made fibers
• Tariff No.: 5806.32.20 - Narrow woven fabrics (other than ribbons), not pile, of man-made fibers, not cont by wt 5% or more of elastomeric yarn or rubber