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HQ 085673


November 21, 1989

CLA-2 CO:R:C:G 085673 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.42.0060

Mr. Troy E. Clarke
CBT International Inc.
936 Mahar Avenue
Wilmington, CA 90744

RE: Request for classification of coated Taffeta fabric

Dear Mr. Clarke:

This ruling is being issued in response to your letter of August 22, 1989, on behalf of Sunburst Products/Free Style USA, requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for coated fabric from Taiwan.

FACTS:

The subject merchandise is a wallet lining material consisting of a dyed woven fabric of 100% 70 Denier nylon nontextured filament yarn. The fabric appears to have a count of 45 X 30 yarns to the centimeter. The weight is given at 270 grams per square meter. There is a white tinted polyurethane coating on one side with a given weight of 17 grams per square meter. The material will come in 60 inch wide rolls.

ISSUE:

How is the subject fabric classified under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

Chapter 59, HTSUSA, generally covers impregnated, coated, covered or laminated textile fabrics, and heading 5903, HTSUSA, specifically provides for textile fabrics coated with plastics. Note 2(a) to Chapter 59 states that heading 5903 applies to coated textile fabrics other than those fabrics in which the coating is not visible to the naked eye. Otherwise, classification is remanded to Chapters 50 to 55, 58 or 60.

It is Customs position that Note 2(a) is a clear indication by the drafters of the HTSUSA that a significant, if not substantial, amount of plastics must be added to a fabric for it to be considered "impregnated, coated, or covered." Regarding the subject fabric, the plastic coating on the one side of the fabric becomes obvious when seen under magnification. However, the use of such magnification is precluded by Note 2(a). The Note requires that the coating must be "seen with the naked eye," otherwise than by a change in color.

Therefore the subject fabric fails the test set out in the Note. Consequently, it cannot be classified in Chapter 59, HTSUSA. Chapter 54, HTSUSA, covers man-made filaments. The subject fabric is classifiable in subheading 5407.42, HTSUSA, which provides for woven fabrics of synthetic filament yarn containing 85 percent or more by weight of filaments of nylon.

HOLDING:

The subject fabric is classifiable in subheading 5407.42.0060, HTSUSA, which provides for woven fabrics of synthetic filament yarn,...other woven fabrics, containing 85 percent or more by weight of filaments of nylon...weighing more than 170 g/m2. The rate of duty is 17 percent ad valorem and the textile category is 620.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) 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.

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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Sincerely,

John Durant, Director

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