CLA-2 CO:R:C:G 087267 CRS
Mr. Robert Garvin
Nippon Express U.S.A., Inc.
Chicago Ocean Cargo Branch
950 N. Edgewood Avenue
Wood Dale, Illinois 60191
RE: Rubber Dipped Polyester Fabric
Dear Mr. Garvin:
This is in reply to your letter, dated September 5, 1989, to
our Chicago office, on behalf of your client, Kosen Universal
Corporation, in which you requested a binding ruling under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) concerning the classification of rubber dipped fabric.
Samples were submitted with your request.
FACTS:
The merchandise in question consists of three samples of
rubber dipped, leno weave, polyester fabric manufactured in and
imported from Japan. The fabric is used in the manufacture of
reinforced water hose for the automotive industry.
The fabrics come in 80mm, 130mm and 150mm widths, weigh 200
g/m, and are imported in 210m rolls. The three fabrics are made
from high tenacity, multiple yarns with a tenacity of 74
centinewtons per tex. The yarn size is 1,000 D/1 + 1,000 D/1
multiple. The thread count is 230 + 230/M in the warp and 410/M
in the filling.
The fabrics are dipped in a solution containing Resorine
(1.8%), Formalin (3.6%), styrene-butadiene rubber (29.2%),
melamine (12.4%), water (48.8%) and other materials, including
caustic soda (4.1%), for 60 seconds at a temperature of 150
degrees Celsius, and then are dried at 205 degrees Celsius for
approximately 36 seconds. Rubber constitutes roughly 10 percent
of the total fabric weight.
ISSUE:
Whether the fabric in question is a rubberized fabric such
that it is classifiable in heading 5906, HTSUSA.
LAW AND ANALYSIS:
Heading 5906, HTSUSA, provides for rubberized textile
fabrics, other than those of heading 5902 (tire cord fabric).
Note 4, Chapter 59, HTSUSA, provides in pertinent part:
For the purposes of heading 5906, the expression "rubberized
textile fabrics" means:
(a) Textile fabrics impregnated, coated, covered or
laminated with rubber:
(i) Weighing not more than 1,500 g/m; or
(ii) Weighing more than 1,500 g/m and containing more
than 50 percent by weight of textile material;
The three fabrics at issue each weigh 200 g/m, have been treated
with rubber, and thus are prima facie classifiable in subheading
5906.
Apart from weight, the Chapter Notes establish no other
requirements for classification in heading 5906, i.e., there is
no minimum rubber content, nor is there a requirement that
coatings be visible to the naked eye as there is, for example,
with plastic coated fabrics of heading 5903.
The fabrics at issue have been dipped in a rubber solution
comprised of 29.2 percent SBR. The presence of rubber has been
confirmed by laboratory analysis. Consequently, the fabrics at
issue are classifiable as rubberized fabrics.
However, since it can be difficult to detect the presence of
coatings, future inquiries concerning rubberized fabrics should
discuss the merchandise in depth. All pertinent information,
including the type of coating (e.g., SBR), the amount of rubber
present and the commercial purpose of the coating or impregnation
should be submitted with ruling requests or attached to entry
documentation in order to substantiate claims for classification
in heading 5906.
HOLDING:
The fabrics at issue are classifiable in subheading
5906.99.2500, HTSUSA, under the provision for rubberized textile
fabrics, other than those of heading 5902, other, other, of man-
made fibers, other, and is dutiable at the rate of 8.5 percent ad
valorem. The textile category is 229.
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 internal
issuance of the U.S. Customs Service, which is available for
inspection 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 importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division