HQ 951886

January 7, 1993

CLA-2; CO:R:C:T 951886 ch

CATEGORY: Classification

TARIFF NO.: 5604.10.0000; 6002.20.6000

K.H. Chan

Honest Bond Industrial Development Co. Ltd.

7/F Block H Pak Po Mansions

82 Bute Street

Mongkok Kowloon, Hong Kong

RE: Classification and quota categories for rubber thread

covered with textile materials (polyester), heading 5604 v. 5808;

polyester knit tape, 6002.20.6000.

Dear Mr. Chan:

This is in response to your letter of May 7, 1992,

requesting tariff classification and quota categories under the

Harmonized Tariff Schedule of the United States Annotated

(HTSUSA), for polyester elastic and polyester knit tapes.

Samples were provided to our office for examination.

FACTS:

The first item, described as \"polyester elastic\" tape,

measures approximately one and one-quarter inches in length by

one-quarter inch in width. It consists of eight parallel

filaments, which appear to be of rubber, covered by means of

plaiting or braiding with polyester yarn to form an elastic

material.

The second item, described as \"polyester knit\" tape,

measures approximately one and one-half inches in length and one-

quarter inch in width. It is a narrow warp knit polyester fabric

with fast edges. This article has no elastomeric properties, and

is not an openwork fabric since it does not have stable open

meshes.

ISSUE:

What are the proper classifications and quota categories for

the subject merchandise?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the

General Rules of Interpretation (GRI). GRI 1 provides that

classification is determined first in accordance with the terms

of the headings of the tariff and any relative section or chapter

notes. Where goods cannot be classified on the basis of GRI 1,

the remaining GRI will be applied in order.

The \"polyester elastic\" sample is made up of rubber thread

and polyester yarn. Note 10 to Section XI states that \"elastic

products consisting of textile materials combined with rubber

threads are classified in this section.\" Hence, this item will

be classified in Section XI.

Within Section XI two headings appear to be applicable.

Heading 5604 covers \"rubber thread and cord, textile covered,\"

while heading 5808 is the proper classification for \"braids in

the piece.\"

The Explanatory Notes (EN) to the Harmonized Commodity

Description and Coding System constitute the official

interpretation of the nomenclature at the international level.

While not legally binding, they do represent the considered views

of classification experts of the Harmonized System Committee. It

has therefore been the practice of the Customs Service to follow,

whenever possible, the terms of the EN when interpreting the

HTSUSA.

The EN to heading 5604, at pages 776 and 777, provide that

this provision covers:

\(A\) Rubber Thread and Cord, Textile Covered

Provided they are covered with textiles (e.g., by

gimping or plaiting), this group includes, thread

(single strand) of rubber, of any cross-section, and

cord (multiple strand) of rubber, made of these

threads.

As the \"polyester elastic\" tape is constructed of several

individual strands of rubber plaited by textile materials, it

falls within heading 5604.

The EN to heading 5808, at page 805, provide that this

provision covers:

\(A\) Braids in the Piece; Ornamental Trimmings in the

Piece, Without Embroidery, Other Than Knitted or

Crocheted

In addition to braids, this part of the heading

covers a variety of products in the length, designed

for the ornamentation or decoration of articles of

apparel\...

We assume that the subject merchandise will be imported in

continuous lengths. As the \"polyester elastic\" tape is covered

by means of braiding or plaiting, it also falls under heading

5808\.

GRI 3(a) provides that when goods are classifiable under two

or more headings, the heading which provides the most specific

description shall be preferred to headings providing a more

general description. Heading 5808 provides in general for all

braids in the piece. On the other hand, heading 5604 covers only

rubber strands covered with textile materials. We find that

heading 5604 is the most specific provision that describes the

subject \"polyester elastic\" tape. Accordingly, this item will be

classified under heading 5604.

The \"polyester knit\" tape is classified under Section XI,

Chapter 60, which covers knitted fabrics. Within Chapter 60

there are only two competing headings. Heading 6001 applies only

to pile fabrics. As the submitted article is not composed of a

pile fabric, heading 6002 is applicable. Heading 6002 provides

for other knitted or crocheted fabrics. Within this heading,

subheading 6002.20.6000, which provides for other knitted or

crocheted fabrics, of a width not exceeding 30 centimeters, of

man-made fibers is the appropriate classification.

HOLDING:

The merchandise described as \"polyester elastic\" tape is

classifiable under subheading 5604.10.0000, HTSUSA, which

provides for rubber thread and cord, textile covered. The

applicable rate of duty is 7.2% ad valorem. Items classified

under this provision fall under textile category 201 and are

subject to the requirement of an export license from Hong Kong.

The merchandise described as \"polyester knit\" tape is

classifiable under subheading 6002.20.6000, which provides for

other knitted or crocheted fabrics, of a width not exceeding 30

centimeters, of man-made fibers. The applicable rate of duty is

8.6% ad valorem. Items classified under this provision fall

under textile category 222 and are subject to the requirement of

an export license from Hong Kong.

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 the subject of frequent negotiations 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 (Restraint Levels), an issuance

of the U.S. Customs Service, which is updated weekly and is

available at the local Customs office.

Due to the changeable nature of the statistical annotation

(the ninth and tenth digits of the classification) and the

restraint (quota/visa) categories, you should contact the local

Customs office prior to importing the merchandise to determine

the current status of any import restraints or requirements.

Sincerely,

John Durant, Director