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NY 867048


OCT 01 1991

CLA-2-70:S:N:N3H:352 867048

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.20.5000

Mr. Jimmy Montgomery
Montgomery International Inc.
223 S. Gov. Printz Blvd.
P.O. Box 124
Essington, PA 19029-0124

RE: The tariff classification of woven glass fiber fabric coated with latex rubber from Germany.

Dear Mr. Montgomery:

In your letter dated September 10, 1991, on behalf of your client Synteen USA Inc., you requested a tariff classification ruling.

The submitted sample, identified as style "bitutex", is a woven fabric composed of glass fiber yarns. The yarns are stabilized in part by binding threads of glass fibers which cross back and forth over groups of yarns holding the open work mesh in place. The fabric is coated with latex rubber which represents 10% of the weight of this product. The latex rubber coating imparts a black color to the fabric. This product is used to reinforce bituminous concrete in the construction of highways.

Your correspondence suggests that you believe that this merchandise is classifiable in heading 5911, Harmonized Tariff Schedules of the United States (HTS). This is not correct. Heading 5911, HTS, provides for certain textile products and articles for technical purposes. In order for a product to be classified in heading 5911, HTS, it must first be determined to be a textile for the purposes of the Harmonized Tariff Schedules. Note 1 (r) of Section XI specifically excludes from Section XI, the section that covers textiles and textile articles, articles of glass fibers. In addition, Note 1 to Chapter 54 states in part that man-made fibers are staple fibers or filaments of organic polymers. Since glass fibers are not organic polymers, they are not considered to be textile man-made fibers. It is, therefore, clear that glass fibers are not considered man-made textile fibers and, further, they are excluded from classification in Section XI of the HTS. Since heading 5911, HTS, is in Section XI, it follows that this glass fiber woven fabric cannot be classified in this heading.

The applicable subheading for the woven glass fiber fabric will be 7019.20.5000, HTS, which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), woven fabrics, including narrow fabrics, other, colored. The rate of duty will be 11.1 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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