HQ 0085702 - Modification of HRL 084623. Plastics application on textile materials need not be physically applied to both sides of material for both sides to be considered coated or covered with plastics.bleed through - United States International Trade Commision Rulings

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HQ 085702

December 15, 1989

CLA-2 CO:R:C:G 085702 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.12.1100; 3921.13.1500

Mr. William J. Marston
President
U.S. Carriage International, Inc.
11938 Waveland Avenue
Franklin Park, IL 60131

RE: Modification of HRL 084623. Plastics application on textile materials need not be physically applied to both sides of material for both sides to be considered coated or covered with plastics.bleed through

Dear Mr. Marston:

This is in reply to your letter of September 26, 1989, requesting modification of HRL 084623 of August 28, 1989.

FACTS:

The merchandise at issue consists of two styles of open link conveyor belting (bulk), styles 2M146 and 2AM093. Seven other styles of conveyor belting addressed in HRL 084623 are not the subject of this modification.

You state that although we described style 2M146 in chief weight of polyurethane, it is in fact in chief weight of polyvi- nyl chloride. You also state that although we described style 2AM093 as coated on both sides with polyurethane, it is only coated on one side.

ISSUE:

Whether HRL 084623 must be modified due to mistake in fact?

LAW AND ANALYSIS:

As style 2M146 is actually coated with a different type of plastics than previously reported, classification under a differ- ent subheading is dictated.

In conversations with this office, Mr. Richard Nash of Amerol, the manufacturer of this merchandise, explained that since style 2AM093 is constructed of an extremely porous materi- al, the polyurethane applied to the top of the belt "bleeds through" to the bottom, making the bottom appear coated. It was suggested that since there was no actual application process performed on the bottom side, that side should not be considered coated with plastics.

Note 2(a)(3) to Chapter 59, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), states that where the textile fabric is "...entirely coated or covered on both sides with..." plastics, the fabric is excluded from heading 5903. The language of the note does not require a coating, covering or laminating process on each side of the fabric. Both sides must be covered with plastics; the plastics need not be laminated to, or coated on, both sides. Since the plastics substance on both sides of the belting material is visible to the naked eye, classification in heading 5903 is precluded.

HOLDING:

As a result of the foregoing, the instant merchandise is classified as follows:

Style 2M146, under subheading 3921.12.1100, HTSUSA, as other plates, sheets, foil and strip, of plastics, cellular, of poly- mers of vinyl chloride, combined with textile materials, products with textile components in which man-made fibers predominate by weight over any other single textile fiber, over 70 percent by weight of plastics. The applicable rate of duty is 4.2 percent ad valorem.

Style 2AM093, remains under subheading 3921.13.1500, HTSUSA, textile category 229, as other plates, sheets, film, foil and strip, of plastics, cellular, of polyurethanes, combined with textile materials, products with textile components in which man- made fibers predominate by weight over any other single textile fiber, other. The applicable rate of duty is 8.5 percent ad valorem.

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 agree- ments 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.

Pursuant to section 177.9, Customs Regulations (19 C.F.R. 177.9), HRL 084623 of August 28, 1989, is modified in conformity with the foregoing.

Sincerely,

John Durant, Director
Commercial Rulings Division

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