CLA-2 CO:R:C:G 086337 JS
Ms. Leanna Lopez
KIU Kintetsu Intermodal (U.S.A.) Inc.
711 Glasgow Avenue
Inglewood, CA. 90301
RE: Shielded Fabrics
Dear Ms. Lopez
This is in reference to your letter of December 7, 1989, on
behalf of Zipper Tubing Co., requesting classification under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) of various EMI/ESD shielded fabrics produced in Japan.
FACTS:
Three samples and relevant literature were submitted for our
inspection. Sample A is woven from filament polyester man-made
fibers which are then subjected to an electroless plating process
which coats the fabric with copper. It is constructed of a tight
50 denier weave with a 96+/-3 x 84+/-3 count, and has a finished
weight of 76 gr./sq. m. with a metal content of 30% by weight.
Sample B is also woven from filament polyester man-made
fibers. These fibers are then subject to an electroless plating
process which coats the fabric with copper and nickel. This
fabric has a similar construction (i.e. with respect to weave,
weight and metal content) as sample A above.
Sample C is made of Sheer Shield (TM) fabric, a woven mesh
of uniform and extremely fine polyester monofilaments. This
fabric is plated with copper and then coated with black acrylic
resin (plastic) to reduce glare. The sample provided is
uncoated.
These materials will be used, inter alia, for bonding
straps, cables and connectors, conductive gaskets, protective
clothing for various industries, wall coverings and furniture
upholstery, and shielded environments (i.e. tents and window
drapery).
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ISSUE:
Whether shielded fabrics which have been metallized are
considered coated fabrics for classification purposes, and,
whether they are fabrics intended for technical purposes under
the HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with 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 5907, HTSUSA, provides for classification of textile
fabrics otherwise impregnated, coated, or covered.
Note 5 to Chapter 59, HTSUSA, provides, in pertinent part:
Heading 5907 does not apply to:
(a) 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;***
The wording of Note 5(a) ("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, or covered." The material added to the
fabric must be visibly distinguishable from that fabric without
the use of magnification. Any change in the "feel" of the
material is not taken into account. In essence, the coating must
alter the visual characteristic of the fabric in order for the
fabric to be considered impregnated, coated or covered.
Applying the statutory test to the submitted samples, using
normally corrected vision in a well lit room, the instant
merchandise does not have an impregnation visible to the naked
eye. After the metallizing process, the visual character of the
fabric is still that of a textile; the shine is merely a change
in color. Therefore, the fabric is not classifiable in heading
5907, HTSUSA.
Heading 5911, HTSUSA, provides for textile products and
articles, for technical uses, specified in note 7 to this
Chapter. Note 7, in relevant part, includes:
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(a) Textile products in the piece, cut to length or simply
cut to rectangular (including square) shape..., the
following only:
(iv) Flat woven textile fabric with multiple warp or
weft, whether or not felted, impregnated or coated, of
a kind used in machinery or for other technical
purposes;
(v) Textile fabrics reinforced with metal, of a kind
used for technical purposes.
(b) Textile articles...of a kind used for technical
purposes (for example, textile fabrics and felts, endless or
fitted with linking devices, of a kind used in paper-making
or similar machines...gaskets, washers, polishing discs and
other machinery parts).
The Explanatory Notes ("EN"), which constitute the official
interpretation of the tariff at the international level, state
that the textile products and articles of this heading present
particular characteristics which identify them as being for use
in various types of machinery, apparatus, equipment or
instruments or as tools or parts of tools.
It is not clear from the literature provided, and your
statements regarding the make up and intended use of these
fabrics, that they are manufactured for technical uses. The
numerous and various applications outlined above render this
fabric, despite some of its special characteristics, as non-
technical for many uses. For instance, the use of this material
as wall covering would not comport with the terms and meaning of
both heading 5911 and the accompanying notes. Therefore, heading
5911, HTSUSA, does not apply.
HOLDING:
As a result of the foregoing, the shielded fabric at issue
is classified under subheading 5407.60.2025, HTSUSA, textile
category 619, as woven fabrics of synthetic filament yarn,
including woven fabrics obtained from materials of heading 5404,
other woven fabrics, containing 85 percent or more by weight of
non-textured polyester filaments, other, dyed, weighing not more
than 170 g/m2, flat fabrics. The applicable rate of duty is 17
percent ad valorem. The textile category is 619.
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
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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,
Jerry Laderberg
Acting Director
Commercial Rulings Division