NY 867048
OCT 01 1991
CLA-2-70:S:N:N3H:352 867048
Mr. Jimmy Montgomery
Montgomery International Inc.
223 S. Gov. Printz Blvd.
P.O. Box 124
Essington, PA 19029-0124
RE: The tariff classification of woven glass fiber fabric coated
with latex rubber from Germany.
Dear Mr. Montgomery:
In your letter dated September 10, 1991, on behalf of your
client Synteen USA Inc., you requested a tariff classification
ruling.
The submitted sample, identified as style "bitutex", is a
woven fabric composed of glass fiber yarns. The yarns are
stabilized in part by binding threads of glass fibers which cross
back and forth over groups of yarns holding the open work mesh in
place. The fabric is coated with latex rubber which represents
10% of the weight of this product. The latex rubber coating
imparts a black color to the fabric. This product is used to
reinforce bituminous concrete in the construction of highways.
Your correspondence suggests that you believe that this
merchandise is classifiable in heading 5911, Harmonized Tariff
Schedules of the United States (HTS). This is not correct.
Heading 5911, HTS, provides for certain textile products and
articles for technical purposes. In order for a product to be
classified in heading 5911, HTS, it must first be determined to
be a textile for the purposes of the Harmonized Tariff Schedules.
Note 1 (r) of Section XI specifically excludes from Section XI,
the section that covers textiles and textile articles, articles
of glass fibers. In addition, Note 1 to Chapter 54 states in
part that man-made fibers are staple fibers or filaments of
organic polymers. Since glass fibers are not organic polymers,
they are not considered to be textile man-made fibers. It is,
therefore, clear that glass fibers are not considered man-made
textile fibers and, further, they are excluded from
classification in Section XI of the HTS. Since heading 5911,
HTS, is in Section XI, it follows that this glass fiber woven
fabric cannot be classified in this heading.
The applicable subheading for the woven glass fiber fabric
will be 7019.20.5000, HTS, which provides for glass fibers
(including glass wool) and articles thereof (for example, yarn,
woven fabrics), woven fabrics, including narrow fabrics, other,
colored. The rate of duty will be 11.1 percent ad valorem.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York
Seaport