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HQ 086337
April 19, 1990

CLA-2 CO:R:C:G 086337 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.60.2025

Ms. Leanna Lopez
KIU Kintetsu Intermodal (U.S.A.) Inc.
711 Glasgow Avenue
Inglewood, CA. 90301

RE: Shielded Fabrics

Dear Ms. Lopez

This is in reference to your letter of December 7, 1989, on behalf of Zipper Tubing Co., requesting classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of various EMI/ESD shielded fabrics produced in Japan.

FACTS:

Three samples and relevant literature were submitted for our inspection. Sample A is woven from filament polyester man-made fibers which are then subjected to an electroless plating process which coats the fabric with copper. It is constructed of a tight 50 denier weave with a 96+/-3 x 84+/-3 count, and has a finished weight of 76 gr./sq. m. with a metal content of 30% by weight.

Sample B is also woven from filament polyester man-made fibers. These fibers are then subject to an electroless plating process which coats the fabric with copper and nickel. This fabric has a similar construction (i.e. with respect to weave, weight and metal content) as sample A above.

Sample C is made of Sheer Shield (TM) fabric, a woven mesh of uniform and extremely fine polyester monofilaments. This fabric is plated with copper and then coated with black acrylic resin (plastic) to reduce glare. The sample provided is uncoated.

These materials will be used, inter alia, for bonding straps, cables and connectors, conductive gaskets, protective clothing for various industries, wall coverings and furniture upholstery, and shielded environments (i.e. tents and window drapery).

ISSUE:

Whether shielded fabrics which have been metallized are considered coated fabrics for classification purposes, and, whether they are fabrics intended for technical purposes under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 5907, HTSUSA, provides for classification of textile fabrics otherwise impregnated, coated, or covered.

Note 5 to Chapter 59, HTSUSA, provides, in pertinent part:

Heading 5907 does not apply to:

(a) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually Chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change of color;***

The wording of Note 5(a) ("cannot be seen with the naked eye") is a clear expression by the drafters of the Harmonized System that a significant, if not substantial, amount of material must be added to a fabric for it to be considered "impregnated, coated, or covered." The material added to the fabric must be visibly distinguishable from that fabric without the use of magnification. Any change in the "feel" of the material is not taken into account. In essence, the coating must alter the visual characteristic of the fabric in order for the fabric to be considered impregnated, coated or covered.

Applying the statutory test to the submitted samples, using normally corrected vision in a well lit room, the instant merchandise does not have an impregnation visible to the naked eye. After the metallizing process, the visual character of the fabric is still that of a textile; the shine is merely a change in color. Therefore, the fabric is not classifiable in heading 5907, HTSUSA.

Heading 5911, HTSUSA, provides for textile products and articles, for technical uses, specified in note 7 to this Chapter. Note 7, in relevant part, includes:

(a) Textile products in the piece, cut to length or simply cut to rectangular (including square) shape..., the following only:

(iv) Flat woven textile fabric with multiple warp or weft, whether or not felted, impregnated or coated, of a kind used in machinery or for other technical purposes;

(v) Textile fabrics reinforced with metal, of a kind used for technical purposes.

(b) Textile articles...of a kind used for technical purposes (for example, textile fabrics and felts, endless or fitted with linking devices, of a kind used in paper-making or similar machines...gaskets, washers, polishing discs and other machinery parts).

The Explanatory Notes ("EN"), which constitute the official interpretation of the tariff at the international level, state that the textile products and articles of this heading present particular characteristics which identify them as being for use in various types of machinery, apparatus, equipment or instruments or as tools or parts of tools.

It is not clear from the literature provided, and your statements regarding the make up and intended use of these fabrics, that they are manufactured for technical uses. The numerous and various applications outlined above render this fabric, despite some of its special characteristics, as non- technical for many uses. For instance, the use of this material as wall covering would not comport with the terms and meaning of both heading 5911 and the accompanying notes. Therefore, heading 5911, HTSUSA, does not apply.

HOLDING:

As a result of the foregoing, the shielded fabric at issue is classified under subheading 5407.60.2025, HTSUSA, textile category 619, as woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of non-textured polyester filaments, other, dyed, weighing not more than 170 g/m2, flat fabrics. The applicable rate of duty is 17 percent ad valorem. The textile category is 619.

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.

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 importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

Jerry Laderberg
Acting Director

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