HQ 0950228 - Request for reconsideration of NYRL 864628; nonwoven fabric; coated; laminated. - United States International Trade Commision Rulings

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HQ 950228

November 13, 1991

CLA-2 CO:R:C:T 950228 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.9070; 5603.00.3000

Mr. Joseph R. Effenberger
Rocheux International, Inc.
100 Middlesex Avenue
Cateret, NJ 07008

RE: Request for reconsideration of NYRL 864628; nonwoven fabric; coated; laminated.

Dear Mr. Effenberger:

This is in reply to your letter of August 5, 1991, in which you requested reconsideration of New York Ruling Letter (NYRL) 864628 dated July 17, 1991. Samples of the merchandise at issue were provided and are described below.

FACTS:

The merchandise in question consists of three fire retardant fabrics. Sample A is a spunbonded polypropylene nonwoven fabric coated on both sides with a fire retardant compound. Sample B is the fabric of sample A laminated to a thin gauge polypropylene film. Sample C consists of sample B laminated to a metallized plastic film. The fabrics will be manufactured in Taiwan.

In NYRL 864628, sample A was classified in subheading 5603.00.9070, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), while samples B and C were classified in subheading 5603.00.3000, HTSUSA.

ISSUE:

The issue presented is whether the merchandise in question was properly classified in NYRL 864628.

LAW AND ANALYSIS:

Heading 5603, HTSUSA, provides for nonwovens, whether or not impregnated, coated, covered or laminated. According to Note 3, Chapter 56, the heading covers nonwovens laminated with plastics with the exception of:

(b) Nonwovens, either completely embedded in plastics or rubber, or entirely coated or covered on both sides with such materials, provided that such coatings or coverings can be seen with the naked eye with no account being taken of any resulting change in color (chapter 39 or 40)....

Sample A is a spunbonded polypropylene nonwoven fabric that has been coated on both sides with a fire retardant compound. Nonwoven fabrics are classifiable in heading 5603 whether coated or not coated. They are excluded only if they have been visibly coated on both sides with rubber or plastics. We do not reach the issue of whether the fire retardant compound is plastics or rubber; however, regardless of its composition, it is not visible to the naked eye. Consequently, Sample A is not excluded from heading 5603. Moreover, since the fabric itself is a nonwoven, it is properly classifiable in heading 5603.

Samples B and C consist of the sample A fabric laminated on one side to, respectively, a polypropylene film and a metallized plastic film. The nonwoven fabrics are neither embedded in, nor covered on both sides with, the plastic film. As a result, Note 3(b), Chapter 56, does not exclude the fabrics from heading 5603 and, consequently, they remain classifiable therein pursuant to General Rule of Interpretation 1.

HOLDING:

Pursuant to the foregoing, NYRL 864628 dated July 17, 1991, is affirmed.

Sample A is classifiable in subheading 5603.00.9070, HTSUSA, under the provision for nonwovens, whether or not impregnated, coated, covered or laminated; other; other; other nonwovens, whether or not impregnated, coated or covered; other; of staple fibers. It is dutiable at the rate of 12.5 percent ad valorem and is subject to textile category 223.

Samples B and C are classifiable in subheading 5603.00.3000, HTSUSA, under the provision for nonwovens...; other; laminated fabrics. They are dutiable at the rate of 16 percent ad valorem and are subject to textile category 223.

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.

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 importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

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