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NY K89807

October 26, 2004

CLA-2-54:RR:NC:TA:352 K89807

CATEGORY: Classification

TARIFF NO.: 5407.10.0090

Mr. David G. Murphy

Scarponi Textiles, Inc.

150 N. Miller Road, Suite 300B

Fairlawn, Oh 44333

RE: The tariff classification of a nylon woven chafer fabric, for use in
the manufacture of tires, from Korea.

Dear Mr. Murphy:

In your letter dated September 23, 2004, which was a follow-up to your
earlier inquiry, where we requested additional information, you
requested a classification ruling.

The submitted sample is a woven *chafer* fabric. The purpose of this
fabric in tire construction, is to protect the bead area of the tire
from damage during the mounting and dismounting of the tire from the
wheel or rim assembly. This material is composed of single ply nylon 6
type yarns (multifilament). Both the warp and weft yarns are the same
and are 940 decitex nylon 6. The tenacity of the yarns is 7.26
centinewtons per decitex. Additionally, these yarns have been processed
through a machine that increases their bulk by introducing air and
entanglement into the yarns. Finally, this material is dipped in a RFL
(resorcinol formaldehyde latex) solution. This application of RFL, which
imparts an orange color to the material, will provide a greater level of
adhesion between the yarn itself and the rubber compound that it will
interface with in the tire.

You suggest that classification may be proper in tariff subheading
5902.10.0000, Harmonized Tariff Schedule of the United States (HTS),
which provides for "tire cord fabrics of high tenacity yarn of nylon or
other polyamides." However, this is not correct. While tire cord fabric
is also an integral component of a finished tire, it is not the same as
a chafer fabric. Tire cord fabrics are used to form the *carcasses and
belts* of tires. Fairchild's dictionary states that "more conventional
fabric, with roughly similar numbers of ends and picks per inch are used
for beads, *chafers* and wrappings of tires." Additionally, the
Explanatory Notes to heading 5902 in the tariff states in part "these
fabrics consist of a warp of parallel filament yarns, held in place, at
specific distances, by weft yarns... the weft, is *widely spaced* and
intended solely to hold the warp in place." Your material does not meet
the definition of a true tire cord fabric.

The applicable subheading for the fabric will be 5407.10.0090,
Harmonized Tariff Schedule of the United States (HTS), which provides
for woven fabrics of synthetic filament yarn, including woven fabrics
obtained from materials of heading 5404, woven fabrics obtained from
high tenacity yarn of nylon or other polyamides or of polyesters, other.
The rate of duty will be 13.6 percent ad valorem

This merchandise falls within textile category designation 620. Based
upon international textile trade agreements products of Korea are
subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa
status are the result of international agreements that are subject to
frequent renegotiations and changes. To obtain the most current
information, we suggest that you check, close to the time of shipment,
the [U.S. Customs Service Textile Status Report]{.underline}, an
internal issuance of the U.S. Customs Service, which is available at the
Customs Web site at www.customs.gov. In addition, the designated textile
and apparel categories may be subdivided into parts. If so, visa and
quota requirements applicable to the subject merchandise may be affected
and should also be verified at the time of shipment.

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 646-733-3045.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division