CLA-2 CO:R:C:G 085245 CMR
Mr. Richard Evin
Evin Industries Ltd.
431 Lincoln Avenue
Highland Park, New Jersey 08904
RE: Classification of a men's nylon coat made of certain coated
fabrics
Dear Mr. Evin:
This ruling is in response to your letter of July 27, 1989,
requesting the classification of certain coated fabric samples.
FACTS:
The submitted fabric samples are being considered for use in the
manufacture of a men's nylon coat which was the subject of HRL 084016
of June 14, 1989. The fabric samples are all of 100 percent Oxford
nylon fabric. Sample A is coated with a 1200 mm polyurethane plastic
silver coating. Sample B is coated with a 1500 mm polyurethane
plastic silver coating. Sample C is coated with a 1500 mm
polyurethane plastic regular coating. A sample of uncoated fabric
has also been submitted for comparison purposes.
ISSUE:
Are the submitted fabric samples, A, B, and C, considered
"impregnated, coated, covered or laminated with plastics" under the
provisions of heading 5903, HTSUSA?
What would be the classification of the men's nylon coat of HRL
084016 if constructed of the submitted fabric samples?
LAW AND ANALYSIS:
Heading 5903, HTSUSA, provides for textile fabrics impregnated,
coated, covered, or laminated with plastics (except tire cord which
is provided for in Heading 5902).
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Note 2 of Chapter 59, HTSUSA, provides, in pertinent part:
Heading 5903 applies to:
(a) Textile fabrics, impregnated, coated, covered or
laminated with plastics, whatever the weight per
square meter and whatever the nature of the plastic
material (compact or cellular), other than:
(1) fabrics in which the impregnation, coating or
covering cannot be seen with the naked eye (usually
chapters 50 to 55, 58 or 60); for the purpose of this
provision, no account should be taken of any
resulting change of color.
It is our view that the wording of Note 2(a)(1) ("visible to 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, or covered."
Therefore, following the strict wording of Note 2(a)(1), for a
fabric to be considered "impregnated, coated, or covered" within that
requirement, the plastics material added to the fabric must be
visibly distinguishable from that fabric without the use of
magnification. Customs believes that this criterion is satisfied
when the application of a plastics material clearly changes the
surface character of the fabric. In such an instance, the naked eye
is seeing the plastics.
Having examined the submitted fabric samples, we believe that
the surface character of fabric samples B and C is sufficiently
changed to meet the requirement of heading 5903 that the plastic be
visible to the naked eye. Fabric sample A, however, does not appear
to meet the test of heading 5903. We believe that what we are seeing
in that sample is only the change in color which we are directed to
disregard.
HOLDING:
If the men's nylon coat of HRL 084016 was made with the fabric
of sample A as its outer shell, it would remain classifiable in
subheading 6201.13.4030, HTSUSA, as ruled in HRL 084016. The garment
falls within textile category 634 and is dutiable at 29.5 percent ad
valorem.
If the coat was made with the fabric of samples B or C as its
outer shell, it would be classifiable as a garment made up of fabric
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of heading 5903 of the type described in subheadings 6201.11 to
6201.19, of man-made fibers, other, subheading 6210.20.1020, HTSUSA,
textile category 634, dutiable 7.6 percent ad valorem.
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 importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins