CLA-2 CO:R:C:G 086139 JS
Mr. R. B. McKenny
C.S. Emery & Company
P.O. Box 307
Derby Line VT 05830
RE: Coated Nylon Fabric
Dear Mr. McKenny:
This is in reference to your letter of October 27, 1989, on
behalf of Consoltex, Montreal requesting classification of two
samples of nylon material under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA).
FACTS:
Both samples are constructed of a 100 percent denier nylon,
plain weave, with a count of 104 ends and 84 picks with 59-60
inch width. You state that both fabrics are coated with 1 ounce
per square yard of fire retardant polyurethane plastic which
renders them water proof, and each is treated with a
fluorocarbon water repellent and antistatic finish. The total
weight of the material is given as 2.8 +/- 0.15 ounce per square
yard with the base fabric as 1.8 and the coating as 1.0 ounces
per square yard. Sample one is a navy blue fabric intended for
the manufacture of jackets; sample two is an orange fabric that
will be made into jackets and tents.
ISSUE:
Whether the fabric at issue is considered "coated with
plastics" for purposes of classification under the HTSUSA?
LAW AND ANALYSIS:
Classification of products under the HTSUSA is governed by
the General Rules of Interpretation (GRI), taken in order. GRI 1
provides that classification shall be determined according to the
terms of the headings and any relative section or chapter notes.
Heading 5903, HTSUSA, provides for classification of textile
products impregnated, coated, covered or laminated with plastics,
other than tire cord covered by Heading 5902.
Note 2 of Chapter 59, HTSUSA, provides, in pertinent part:
Heading 59.03 applies to:
(a) Textile fabrics, impregnated, coated, covered or
laminated with plastics, ... other than:
(1) Fabrics in which the impregnation, coating or
covering cannot be seen with the naked eye
(usually Chapters 50-55, 58 or 60); for the
purpose of this provision, no account should be
taken of any resulting change of colour;***
The wording of Note 2(a)(1) ("cannot be seen with the naked
eye") is a clear expression by the drafters of the Harmonized
System that a significant, if not substantial, amount of material
must be added to a fabric for it to be considered "impregnated,
coated, covered or laminated." The plastics material added to
the fabric must be visibly distinguishable from that fabric
without the use of magnification. In essence, the plastics
coating must alter the visual characteristic of the fabric in
order for the fabric to be considered coated with plastics.
Applying the statutory test to the submitted samples, using
normally corrected vision in a well lit room, we note that the
instant merchandise has a dull matte finish on the surface caused
by the application of polyurethane plastic; this uniform change,
however, is not in and of itself distinguishable as "coated".
The visual characteristics of the fabric itself have not been
altered: the weave and knit of the two samples are readily
discernable. The nylon fabric, therefore, is not considered
coated with plastics.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 6002.93.0080, HTSUSA, textile
category 222, as other knitted or crocheted fabrics, other, of
man-made fibers, other. The applicable rate of duty is 14
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
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 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.
Sincerely,
John Durant, Director
Commercial Operations Division