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HQ 950472


October 21, 1991

CLA-2 CO:R:C:T 950472 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.20.2500

Arthur M.J. Chen
Akko Canada, Ltd.
21 Penn Drive
Unit 1
Weston, Ontario
Canada M9L 2A6

RE: Coated fabrics; plastics; visible to the naked eye; Note 2, Chapter 59.

Dear Mr. Chen:

This is in reply to your letter dated May 9, 1991, to our New York office, in which you requested a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotates (HTSUSA). Samples of the merchandise in question were provided and are described below.

FACTS:

The merchandise at issue consists of two 100 percent woven nylon fabrics that have been coated on one side with polyurethane plastics. The specifications furnished by you indicate that the first sample A, a nylon oxford (210DX210D/64X54), weighs 4.5 ounces per square yard, of which 1.1 ounces, or 24.6 percent, represents the weight of the coating. The second, sample B, a nylon packcloth, (420DX420D/60X38), weighs 6.2 ounces per square yard of which 1.3 ounces, or 21.0 percent, represents the weight of the plastic coating.

ISSUE:

The issue presented is whether the fabrics in question are visibly coated with plastics pursuant to Note 2, Chapter 59.

LAW AND ANALYSIS:

Heading 5903, HTSUSA, provides for textile fabrics coated with plastics. However, pursuant to Note 2, Chapter 59, HTSUSA, heading 5903 applies to all plastic coated fabrics, except those where the coating cannot be seen with the naked eye. The fabrics at issue have been coated with a polyurethane plastics material that has blurred the surface of the fabrics. Accordingly, the coatings are visible to the naked eye and the fabrics are classifiable in heading 5903.

HOLDING:

The fabrics in question are classifiable in subheading 5903.20.2500, HTSUSA, under the provision for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902; with polyurethane; of man-made fibers; other; other. They are dutiable at the rate of 8.5 percent ad valorem and are subject to textile category 229.

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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