CLA-2-39:S:N:N3G:221 853539
Mr. Mario H. Aybar
Maybar Tex.
315 Wadsworth Avenue
New York, NY 10040
RE: The tariff classification of shoulder pads from the
Dominican Republic.
Dear Mr. Aybar:
In your letter dated May 25, 1990, you requested a classification
ruling.
The shoulder pads will be imported in several ways. Some
shoulder pads consist of only foamed plastic. A textile cover
will be added to the pad after importation. Other shoulder pads
consist of a foamed plastic center that is covered with either
cotton or silk.
The applicable subheading for the foamed plastic shoulders
that are not covered with a textile fabric at the time of
importation will be 3926.90.9050, Harmonized Tariff Schedule of
the United States (HTS), which provides for other articles of
plastics. The rate of duty will be 5.3 percent ad valorem.
The applicable subheading for the shoulder pads covered with
a cotton material will be 6217.10.0010, HTS, which provides for
other made up clothing accessories, of cotton. The rate of duty
will be 15.5 percent ad valorem.
The applicable subheading for the shoulder pads covered with
a silk material will be 6217.10.0040, HTS, which provides for
other made up clothing accessories, containing 70 percent or more
by weight of silk or silk waste. The rate of duty will be 15.5
percent ad valorem.
The shoulder pad covered with a cotton material falls within
textile category designation 359. Based upon international
textile trade agreements, products of the Dominican Republic are
subject to the requirements of a visa.
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 (Restraint Levels), an internal
issuance of the U.S. Customs service, which is available for
inspection at your local Customs office.
Articles classifiable under subheadings 3926.90.9050,
6217.10.0010, and 6217.10.0040, HTS, which are the products of the
Dominican Republic, are entitled to duty free treatment under the
Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all
applicable regulations. Articles classifiable under subheading
3926.90.9050, HTS, are also eligible for duty free treatment under the
Generalized System of Preferences (GSP) upon compliance with all
applicable regulations.
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