United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 HQ Rulings > HQ 956976 - HQ 957063 > HQ 957059

Previous Ruling Next Ruling
HQ 957059




January 18, 1995

CLA-2 CO:R:C:T 957059 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.10.2000

KIU Kintetsu Intermodal (U.S.A.) Inc.
711 Glasgow Avenue
Inglewood, CA 90301

RE: Partial revocation of HRL 086337 (4/19/90); classification of shielded fabric; classification in heading 5911, HTSUSA, mandates that the fabric be for "technical use"; the fabric must also be one of the fabrics enumerated in Note 7(a)(i)-(vi) to Chapter 59; HRL 956956 (9/23/94); HRL 952421 (5/14/93); shielded fabric used in wall coverings, drapery, upholstery and clothing is not for technical use.

Dear Ms. Lopez:

On April 19, 1990, Customs issued you Headquarters Ruling Letter (HRL) 086337 in which this office classified various shielded fabrics under subheading 5407.60.2025 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, inter alia, woven fabrics of synthetic filament yarn. In that ruling Customs determined that as the subject fabric was not for technical use, classification was precluded from heading 5911, HTSUSA. Upon review, that determination is deemed to be partially in error. Our analysis follows.

FACTS:

Three samples are at issue. Sample A is woven from filament polyester man-made fibers which are then subjected to an electroless plating process which coats the fabric with copper. The fabric is constructed of a tight 50 denier weave with a 96+/-3 x 84+/-3 count, and has a finished weight of 76 grams per square meter with a metal content of 30 percent by weight.

Sample B is also woven from filament polyester man-made fibers. These fibers are then subject to an electroless plating process which coats the fabric with copper and nickel. This fabric has a similar construction to Sample A.

Sample C is made of Sheer Shield (TM) fabric, a woven mesh of uniform and extremely fine polyester monofilaments. This fabric is plated with copper and then coated with black acrylic resin (plastic) to reduce glare.

These materials will be used, inter alia, for bonding straps, cables and connectors, for use in conductive gaskets, protective clothing for various industries and shielded environments (i.e., tents and draperies) and for wall coverings and upholstery.

ISSUE:

Whether the subject metallized shielded fabrics are classifiable as technical fabrics of heading 5911, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification will be determined by the terms of the headings, and any relative section or chapter notes.

Chapter 5911, HTSUSA, provides for textile products and articles for technical uses so long as they are specified in Note 7 to Chapter 59. Note 7 to Chapter 59 reads:

"Heading 5911 applies to the following goods, which do not fall in any other heading of Section XI:

(a) Textile products in the piece, cut to length or simply cut to rectangular
(including square) shape (other than those having the character of the products of headings 5908 to 5910), the following only:

(i) Textile fabrics, felt and felt-lined woven fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for other technical purposes;

(ii) Bolting cloth;

(iii) Straining cloth of a kind used in oil presses or the like, of textile material or human hair;

(iv) Flat woven textile fabric with multiple warp or weft, whether or not felted, impregnated or coated, of a kind used in machinery or other technical purposes;

(v) Textile fabric reinforced with metal, of a kind used for technical purposes;

(vi) Cords, braids and the like, whether or not coated, impregnated or reinforced with metal, of a kind used in industry as packing or lubricating materials.

(b) Textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes (for example, textile fabrics and felts, endless or fitted with linking devices), of a kind used in paper-making or similar machines (for example, for pulp or asbestos-cement), gaskets, polishing discs and other machinery parts)."

In order for a fabric to be classifiable in heading 5911, HTSUSA, two prerequisites need be met: 1) the fabric must be one of the fabrics enumerated in Note 7(a) (i) through (vi); and 2) the fabric must be for technical use.

In the instant case, all of the fabrics consist of woven and nonwoven nylon covered with copper, copper and nickel, or copper and acrylic resin. As such, the subject fabrics are enumerated in Note 7(a)(i) to Chapter 59 in that they have been "coated, covered or laminated with rubber, leather or other material" [emphasis added].

It is this office's opinion that some of the shielded fabrics at issue in HRL 086337 satisfy the second prerequisite for classification in heading 5911, HTSUSA, which requires that the fabric be for technical use. To the extent that the subject fabrics are used in electrical or mechanical machinery or apparatus (for use in gaskets, panels, glare shields and for use in bonding straps, cables and connectors), they are deemed to be for technical use. This office has previously determined that similar fabric, used in the manufacture of EMI and glare
shields for video display terminals, was deemed "for technical use." See HRL 952421, dated May 14, 1993. See also HRL 956956, dated September 28, 1994, in which this office classified similar fabric used in the manufacture of shielding gaskets as technical fabric of heading 5911, HTSUSA. We note that the subject fabric which is used as wall coverings, upholstery, window draperies, tents or protective clothing is not deemed for technical use and classification will be precluded from heading 5911, HTSUSA.

The shielded fabric in HRL 086337 which is used in electrical or mechanical machinery or apparatus (for use in gaskets, panels, glare shields and for use in bonding straps, cables and connectors), is classifiable under subheading 5911.10.2000, HTSUSA, which provides for, inter alia, coated textile fabrics for technical use.

The shielded fabric in HRL 086337 which is used for wall coverings, upholstery, window draperies, tents or protective clothing is not deemed for technical use and classification is proper under subheading 5407.60.9925, HTSUSA, (the successor to subheading 5407.60.2025 under the current HTSUSA).

HOLDING:

HRL 086337 is partially revoked.

The subject textile fabrics (metallized shielded fabrics) plated with either copper, a copper/nickel combination, or copper and acrylic resin, that are used in electrical or mechanical machinery or apparatus (for use in gaskets, panels, glare shields and for use in bonding straps, cables and connectors), are classifiable under subheading 5911.10.2000, HTSUSA which provides for, "[T]extile products and articles, for technical uses, specified in note 7 to this chapter: textile fabrics, felt and felt-lined woven fabrics, coated covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes: other... ," dutiable at a rate of 7.1 percent ad valorem.

The shielded fabric used for wall coverings, upholstery, window draperies, tents or protective clothing in HRL 086337 is not deemed for technical use and classification remains under subheading 5407.60.9925, HTSUSA, (the successor to subheading 5407.60.2025 under the current HTSUSA) which provides for, "[W]oven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: other woven fabrics, containing 85 percent or more by weight of non-textured polyester filaments: other: other...
dyed: weighing not more than 170 grams per square meter: flat fabrics." The applicable rate of duty is 16.8 percent ad valorem and the textile category is 619.

In accordance with section 625, this ruling will become effective 60 days from its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR

Sincerely,

John Durant, Director
Commercial Rulings Division


Previous Ruling Next Ruling

See also: