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HQ 087879


September 18, 1990

CLA-2 CO:R:C:G 087879 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. Stephen M. Zelman
Attorney at Law
271 Madison Avenue
New York, N.Y. 10016

RE: Classification of fusible interlining fabric with an application of thermoplastic resin; coated for classification purposes; classifiable in Heading 5903

Dear Mr. Zelman:

This letter is in response to your inquiry of May 18, 1990, on behalf of Samuel Haber's Sons, Division of QST Industries, requesting tariff classification of fusible interlining fabrics. Samples were submitted for examination.

FACTS:

You have submitted four styles of fusible interlining fabric for classification: styles F1302, F1403, F1608, and F8493. Each sample is a weft knit, "natural" colored, man-made fabric with an application of thermoplastic drops of polyamide resin on one side. Style F1302 is composed of a blend of 68 percent rayon and 32 percent nylon fabric; style F1403 is composed of a blend of 70 percent rayon and 30 percent nylon fabric; style F1608 is composed of a blend of 76 percent rayon and 24 percent nylon fabric; and style F8493 is composed of a blend of 50 percent nylon, 28 percent cotton, and 22 percent rayon fabric.

You state that the fabric is used as interlining, primarily on wearing apparel. The thermoplastic drops of polyamide resin are capable of providing a bond to other fabrics or material on the application of heat and pressure. You believe that the plastics application on all of the samples is visible, and, therefore, the submitted samples are classifiable in Heading 5903
of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

ISSUE:

Whether the submitted samples are classifiable in Heading 5903, HTSUSA, as textile fabrics impregnated, coated, covered or laminated with plastics?

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 classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Note 2 to Chapter 59 states that Heading 5903 applies to the following:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) 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 Explanatory Notes are the official interpretation of the HTSUSA at the international level. They state for Heading 5903 the following:

This heading also covers ... textile fabrics which are spattered by spraying with visible particles of thermoplastic material and are capable of providing a bond to other fabrics or materials on the application of heat and pressure.

The thermoplastic coatings applied to all of the submitted samples are visible to the naked eye. On all of the samples, the coating appears as small, crystalline particles, similar to salt. In addition, textile fabric with this kind of thermoplastic coating is covered by Heading 5903, HTSUSA, according to the Explanatory Notes. Therefore all of the submitted samples are classifiable in Heading 5903.

HOLDING:

All of the submitted samples, styles F1302, F1403, F1608, and F8493, are classified under subheading 5903.90.2500, HTSUSA, which provides for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of Heading 5902, other, of man-made fibers, other, other. The rate of duty is 8.5 percent ad valorem, and the textile category is 229.

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.

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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Sincerely,

John Durant, Director

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