CLA-2-56:OT:RR:NC:N3:351

Jo Bronson Harris
Sandler, Travis, & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of rubber yarns, textile covered, from various countries, including Colombia, Hong Kong, and China

Dear Ms. Harris:

In your letter dated September 18, 2008, on behalf of Hanesbrands, Inc., you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

You submitted five spools of yarns, to be used in the production of socks. Style number 02243 is described as a yarn formed from a rubber core that is covered with polyester yarn wrapped (gimped) around the core. Styles 02273, 02241, 02242, and 02279 are described as yarns formed from a rubber core that is covered with nylon yarn wrapped around the core.

The Explanatory Notes to heading 56.04 state that such a construction, a rubber core gimped by textile, is classified in this heading.

The applicable subheading for the textile covered rubber yarns, style numbers 02243, 02273, 02241, 02242, and 02279, will be 5604.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for rubber thread and cord, textile covered. The rate of duty will be 6.3% ad valorem.

Subheading 5604.10.0000 falls within textile category 201. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Mitchel Bayer at (646) 733-3102.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division