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NY L88512




November 9, 2005

CLA-2-70:RR:NC:TA:352 L88512

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.51.9010

Ms. Keri Monteith
Trust Air Cargo (USA) Co.
1360 N. Wood Dale Road, Unit 1
Wood Dale, Illinois 60191

RE: The tariff classification of drywall joint tape from China.

Dear Ms. Monteith:

In your letter dated October 17, 2005, on behalf of your client Tower Builders you requested a classification ruling. The sample submitted with your correspondence is being returned as requested.

The submitted sample, designated as “Drywall Joint Tape”, is a leno woven fabric composed of 100% glass fiber. It measures two inches in width and will be imported in 80 meter rolls. This product has been coated with plastic and an adhesive has been applied to one side of the fabric. This item weighs 140 g/m2. The fabric will be used in the construction industry to reinforce the joints in drywall. Based on the quantity, value and function of the materials that form this product, it is the glass fiber that imparts this fabric with its essential character.

Your correspondence suggests that you feel that this fabric may be classifiable in subheading 7019.52.7000, HTS, as a fiberglass tire cord fabric. Classification in this subheading is not appropriate since the terms of this subheading require that the product classified there must be a plain woven fabric exceeding 30 centimeters in width. In addition, the subheading requires that the fabric be impregnated with resorcinol formaldehyde latex and be principally used as tire cord. The product you intend to import does not conform with any of these requirements and thus does not meet the conditions required for classification in that subheading.

The applicable subheading for the drywall joint tape will be 7019.51.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), other woven fabrics, of a width not exceeding 30 centimeter, other, weighing 185 grams or less per square meter. The duty rate will be 6 percent ad valorem.

This fabric falls within textile category designation 622. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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