CLA-2-59:RR:NC:TA:350 D88071
Mr. Craig M. Schau, LCHB
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, OH 44130
RE: The tariff classification of metal plated textile fabrics for electromagnetic shielding, for wall coverings and various other shielding applications, from Korea.
Dear Mr. Schau:
In your current letter dated February 8, 1999, which followed up on your original correspondence of January 11, 1999, which was returned for additional information, you requested a tariff classification ruling. You indicate that your client is Sauquoit Industries, Inc., of Scranton, Pennsylvania.
You request classification rulings for metal-plated fabrics with the trade name “Shieldron.” Four different qualities were mentioned with samples furnished for three of them.
Based on the furnished information, the qualities differ basically in the construction of their respective textile fabrics. In all cases the textile fiber is polyester.
Specifically, the four styles for which you seek a ruling are as follows:
DE1 (woven taffeta plated with copper).
DE2 (woven ripstop plated with nickel).
DE3 (nonwoven plated with copper).
DE4 mesh (no sample was furnished, but from the photo copy the material appears to be a woven open mesh).
Some qualities may be over plated with a second metal, i.e., nickel on copper.
Only samples of DE1, 2, and 3 were furnished. DE 1 and 2 were coated on one side with a visible pressure sensitive adhesive protected with a release paper. We will assume that DE4 has a similar adhesive coating. You write that the adhesive will be either PVC or an acrylic, but normally the acrylic will be supplied, unless otherwise specified by the customer. The nonwoven material, DE3, is of just the plated fabric without adhesive. The adhesive coatings are well under 70 percent of the total weight of the material.
The importer writes that the fabrics are used for electromagnetic shielding with the following applications: wall coverings, tapes, drapes and other comparable applications. An additional sample of a fabric over foam gasket was included, but no mention was made as to whether this was to be an imported item or made up in this country. We will not comment on the gasket, though you may address this classification in a subsequent ruling request.
A previous Headquarters Ruling (HQ 957057 Jan. 18, 1995) indicated that such metal plated shielding fabric used for wall coverings, drapes, upholstery and the like are not deemed for technical use and, as such, classification will be precluded from heading 5911 HTS. This would preclude your material from being considered for technical use.
Since heading 5903 is a more specific provision than ‘”otherwise coated fabrics” of heading 5907, qualities DE1, 2, and 4 are classifiable in subheading 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate is 8 percent ad valorem.
DE3 is of a spunbonded nonwoven construction and your correspondence shows weights ranging from 30 to 70 grams per square meter for this material. Therefore, this material is classifiable in subheading 5603.12.0010, HTS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 25 g/m² but not more than 70 g/m², impregnated, coated or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers. The duty rate is Free.
Style DE3 falls within textile category designation 223. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa. There are presently no textile restraints for styles DE1, DE2 and DE4.
The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-637-7085.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division