CLA-2 CO:R:C:T 952421 CAB
F. Gordon Lee, Esq.
O'Connor & Hannan
1919 Pennsylvania Ave., N.W.
Suite 800
Washington, D.C. 20006-3483
RE: Classification of textile fabric; electroplated with
metallic copper; acrylic plastic surface; Heading 5911; Note 7 to
Chapter 59; Computer display terminal; Video display screen
Dear Mr. Lee:
This ruling is in response to your inquiry of August 5,
1992, on behalf of NoRad Corporation, requesting a tariff
classification for material attached to a video display frame,
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). The fabric is imported from Japan.
FACTS:
A sample of fine woven mesh textile fabric which will be
imported in bolts was submitted. The fabric is woven from
polyester monofilaments, then electroplated with metallic copper,
and finally acrylic plastic is added to the surface of the
fabric. You maintain that the fabric is specifically designed to
block radiation, eliminate static electricity, glare, and
reflection.
You also submitted a sample of the finished product which is
comprised of the woven mesh textile fabric at issue. The
finished product is a video display screen which you refer to as
the "NoRad Shield".
ISSUE:
Whether the merchandise at issue is classifiable under
Heading 5911, HTSUSA, as textile products and articles, for
technical uses?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI's). GRI 1 provides that
classification shall be determined according to the terms of the
headings and any relative section or chapter notes. Merchandise
that cannot be classified in accordance with GRI 1 is to be
classified in accordance with subsequent GRI's, taken in order.
Heading 5911, HTSUSA, provides for textile products and
articles, for technical uses, specified in Note 7 to this
chapter.
Note 7 to Chapter 59 states, in pertinent part:
(a) Textile products in the piece, cut to length or simply
cut to rectangular (including square) shape (other than
those having the character of the products of headings
5908 to 5910), the following only:
(i) Textile fabrics, felt and felt-lined woven
fabrics, coated, covered or laminated with
rubber, leather or other material, of a kind used
for card clothing, and similar fabrics of a kind
used for other technical purposes;
* * *
(v) Textile fabric reinforced with metal, of a kind
used for technical purposes
In your submission, you assert that the instant fabric is
potentially classifiable under Heading 5911, HTSUSA, pursuant to
Note 7(a)(v) to Chapter 59. Note 7(a)(v) to Chapter 59 expressly
provides for textile fabrics that are reinforced with metal, of a
kind used for technical purposes. Although the fabric in
question is electroplated with metallic copper, the metal is not
present to strengthen or support the fabric. There is no mention
in your submission that the copper component of the subject
fabric is intended for reinforcement purposes. In fact you
specifically describe the fabric in question as "specially
manufactured technical fabric designed specifically for the
purposes of blocking radiation, eliminating static electricity,
and eliminating glare and reflection. You further state that
"NoRad is unaware of uses for the fabric other than as described
above". Consequently, the merchandise in question is not
classifiable under Heading 5911, HTSUSA, in accordance with Note
7(a)(v) to Chapter 59.
As an alternative to classification under Heading 5911,
HTSUSA, based on Note 7(a)(v), you propose classification of the
instant merchandise under Heading 5911, HTSUSA, in compliance
with Note 7(a)(1) to Chapter 59. As stated above, Note 7(a)(1)
to Chapter 59 specifically provides for textile fabrics, felt and
felt-lined woven fabrics coated, covered or laminated with
rubber, leather or other material, of a kind used for card
clothing, and similar fabrics of a kind used for other technical
purposes. The instant fabric is constructed of woven textile
material and is coated with an acrylic plastic. However, to be
properly classifiable under Heading 5911, HTSUSA, pursuant to
Note 7(a)(1) to Chapter 59, the subject fabric must also fit into
a class or kind of merchandise used for technical purposes.
To support your contention that the instant fabric is
classifiable under Heading 5911, HTSUSA, as a technical use
fabric you cite HRL 083200, dated September 19, 1989, and HRL
085425, dated December 13, 1989. In both of these rulings
Customs was faced with the issue of the proper tariff
classification for a computer terminal screen. The screens'
primary function was to shield the computer user from the
potentially harmful effects of glare, static electricity, and
electromagnetic transmissions emitted from the computer terminal.
Customs concluded that the screens were classifiable under
subheading 5911.90, HTSUSA, as articles used for technical
purposes.
The subject articles in both of the aforementioned rulings
were comprised of an outer frame and woven material similar in
composition to the fabric in question. You refer to this
similarity in composition as a basis for your claim that the
instant fabric fits into class or kind of merchandise intended
for technical use. It is important to note that a finished
product may be classifiable as an article for technical use under
Heading 5911, HTSUSA; however, if Customs had to classify only
the material component of the finished article, there is no
provision in the nomenclature that requires the fabric portion to
be classified under the same provision as the finished product.
In this case, in light of information from the importer and the
submitted finished product, it is Customs belief that the sample
fabric fits into a class or kind of merchandise that will be used
for technical purposes. Therefore, the instant merchandise is
classifiable under Heading 5911, HTSUSA, based on Note 7(a)(1) to
Chapter 59.
HOLDING:
Based on the foregoing, the instant fabric is classifiable
under subheading 5911.10.2000, HTSUSA, which provides for textile
fabrics, coated, covered or laminated with rubber, leather or
other material, of a kind used for card clothing, and similar
fabrics of a kind used for other technical purposes. The
applicable rate of duty is 7.5 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 applicable to textile
merchandise, 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