CLA-2 CO:R:C:G 085702 HP
Mr. William J. Marston
President
U.S. Carriage International, Inc.
11938 Waveland Avenue
Franklin Park, IL 60131
RE: Modification of HRL 084623. Plastics application on textile
materials need not be physically applied to both sides of
material for both sides to be considered coated or covered
with plastics.bleed through
Dear Mr. Marston:
This is in reply to your letter of September 26, 1989,
requesting modification of HRL 084623 of August 28, 1989.
FACTS:
The merchandise at issue consists of two styles of open link
conveyor belting (bulk), styles 2M146 and 2AM093. Seven other
styles of conveyor belting addressed in HRL 084623 are not the
subject of this modification.
You state that although we described style 2M146 in chief
weight of polyurethane, it is in fact in chief weight of polyvi-
nyl chloride. You also state that although we described style
2AM093 as coated on both sides with polyurethane, it is only
coated on one side.
ISSUE:
Whether HRL 084623 must be modified due to mistake in fact?
LAW AND ANALYSIS:
As style 2M146 is actually coated with a different type of
plastics than previously reported, classification under a differ-
ent subheading is dictated.
In conversations with this office, Mr. Richard Nash of
Amerol, the manufacturer of this merchandise, explained that
since style 2AM093 is constructed of an extremely porous materi-
al, the polyurethane applied to the top of the belt "bleeds
through" to the bottom, making the bottom appear coated. It was
suggested that since there was no actual application process
performed on the bottom side, that side should not be considered
coated with plastics.
Note 2(a)(3) to Chapter 59, Harmonized Tariff Schedule of
the United States Annotated (HTSUSA), states that where the
textile fabric is "...entirely coated or covered on both sides
with..." plastics, the fabric is excluded from heading 5903. The
language of the note does not require a coating, covering or
laminating process on each side of the fabric. Both sides must
be covered with plastics; the plastics need not be laminated to,
or coated on, both sides. Since the plastics substance on both
sides of the belting material is visible to the naked eye,
classification in heading 5903 is precluded.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified as follows:
Style 2M146, under subheading 3921.12.1100, HTSUSA, as other
plates, sheets, foil and strip, of plastics, cellular, of poly-
mers of vinyl chloride, combined with textile materials, products
with textile components in which man-made fibers predominate by
weight over any other single textile fiber, over 70 percent by
weight of plastics. The applicable rate of duty is 4.2 percent
ad valorem.
Style 2AM093, remains under subheading 3921.13.1500, HTSUSA,
textile category 229, as other plates, sheets, film, foil and
strip, of plastics, cellular, of polyurethanes, combined with
textile materials, products with textile components in which man-
made fibers predominate by weight over any other single textile
fiber, other. The applicable rate of duty is 8.5 percent ad
valorem.
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 agree-
ments 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 issuance of the U.S.
Customs Service, which is updated weekly and is available at your
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 your local
Customs office prior to importing the merchandise to determine
the current applicability of any import restraints or
requirements.
Pursuant to section 177.9, Customs Regulations (19 C.F.R.
177.9), HRL 084623 of August 28, 1989, is modified in conformity
with the foregoing.
Sincerely,
John Durant, Director
Commercial Rulings Division