CLA-2 CO:R:C:G 085673 CB
Mr. Troy E. Clarke
CBT International Inc.
936 Mahar Avenue
Wilmington, CA 90744
RE: Request for classification of coated Taffeta fabric
Dear Mr. Clarke:
This ruling is being issued in response to your letter of
August 22, 1989, on behalf of Sunburst Products/Free Style USA,
requesting a classification ruling under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), for coated
fabric from Taiwan.
FACTS:
The subject merchandise is a wallet lining material
consisting of a dyed woven fabric of 100% 70 Denier nylon
nontextured filament yarn. The fabric appears to have a count of
45 X 30 yarns to the centimeter. The weight is given at 270
grams per square meter. There is a white tinted polyurethane
coating on one side with a given weight of 17 grams per square
meter. The material will come in 60 inch wide rolls.
ISSUE:
How is the subject fabric classified under the HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that the starting point is the
terms of the headings of the tariff and any relevant section or
chapter notes.
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Chapter 59, HTSUSA, generally covers impregnated, coated,
covered or laminated textile fabrics, and heading 5903, HTSUSA,
specifically provides for textile fabrics coated with plastics.
Note 2(a) to Chapter 59 states that heading 5903 applies to
coated textile fabrics other than those fabrics in which the
coating is not visible to the naked eye. Otherwise,
classification is remanded to Chapters 50 to 55, 58 or 60.
It is Customs position that Note 2(a) is a clear indication
by the drafters of the HTSUSA that a significant, if not
substantial, amount of plastics must be added to a fabric for it
to be considered "impregnated, coated, or covered." Regarding
the subject fabric, the plastic coating on the one side of the
fabric becomes obvious when seen under magnification. However,
the use of such magnification is precluded by Note 2(a). The
Note requires that the coating must be "seen with the naked eye,"
otherwise than by a change in color.
Therefore the subject fabric fails the test set out in the
Note. Consequently, it cannot be classified in Chapter 59,
HTSUSA. Chapter 54, HTSUSA, covers man-made filaments. The
subject fabric is classifiable in subheading 5407.42, HTSUSA,
which provides for woven fabrics of synthetic filament yarn
containing 85 percent or more by weight of filaments of nylon.
HOLDING:
The subject fabric is classifiable in subheading
5407.42.0060, HTSUSA, which provides for woven fabrics of
synthetic filament yarn,...other woven fabrics, containing 85
percent or more by weight of filaments of nylon...weighing more
than 170 g/m2. The rate of duty is 17 percent ad valorem and the
textile category is 620.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
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
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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 your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division