NY 865874: The tariff classification of various narrow elastomericfabrics or cords from Malaysia.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                              NY 865874

August 19, 1991

CLA-2-56:S:N:N3H:351 865874

CATEGORY:  Classification

TARIFF NO.: 5604.10.0000; 5806.20.0000; 6002.10.8000


Mr. Michael A. Reilly
Prym/Dritz Corporation
P.O. Box 5028
Spartanburg, SC  29304

RE:  The tariff classification of various narrow elastomeric
fabrics or     cords from Malaysia.

Dear Mr. Reilly:

     In your letter dated July 29, 1991, you requested a tariff
classification ruling.  

     You have submitted three types of narrow elastomeric fabrics
or cords, as follows: flat braided textile covered, multistrand
elastic rubber cords; narrow, woven elastic fabrics (with two
fast edges) containing rubber threads; and narrow, warp knit
elastic fabrics containing spandex yarns.  In all three types,
the elastic rubber or spandex is covered with yarns made of
polyester fibers.  We assume that the sample fabrics or cords
contain by weight 5 percent or more of spandex yarn or rubber
thread.  In a phone conversation with National Import Specialist
Assistant Donald Corrigan on August 13, 1991, you stated that the
country of manufacture will be Malaysia, that the widths of the
fabrics or cords will be 1/8 inch to 3 inches, and that the
material will be imported on reels or spool in continuous
lengths.  

     The applicable subheading for the braided polyester/rubber
cords will be 5604.10.0000, Harmonized Tariff Schedule of the
United States (HTS), which provides for rubber thread and cord,
textile covered.  The rate of duty will be 7.2 percent ad
valorem. 

     The woven polyester/rubber fabrics will be classifiable
under the provision for narrow woven fabrics, other than goods of
heading 5807,...,other woven fabrics, containing by weight 5
percent or more of elastomeric yarn or rubber thread, in
subheading 5806.20.0000, HTS.  
The rate of duty will be 8 percent ad valorem.

     The knitted polyester/spandex fabrics will be classifiable
under the provision for other knitted or crocheted fabrics, of a
width not exceeding 30 cm, containing by weight 5 percent or more
of elastomeric yarn or rubber thread, other, in subheading
6002.10.8000, HTS.  The rate of duty will be 9.3 percent ad
valorem.  

      The fabrics or cords classifiable in headings 5604, 5806,
and 6002 fall within textile category designations 201, 229 and
222, respectively.  Based upon international textile trade
agreements, products of Malaysia are subject to the requirement
of a visa and quota restraints.

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Since
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 (Restraints 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 Section
177 of the Customs Regulations (19 C.F.R. 177).

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.

                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport