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NY 815345

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November 3, 1995

CLA-2-59:R:N3:350 815345

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.9030, 5903.10.2500; 9802.00.80

Ms. Martha A. Pierce - F2WH
Monsanto Company
800 N. Lindbergh Boulevard
St. Louis, Missouri 63167

RE: The tariff classification of U.S. made FLECTRON , a metalized conductive electromagnetic shielding fabric. As both a nonwoven fabric dip coated with a fire retardant and a woven fabric laminated with a fire retardant Poly-vinyl chloride (PVC) plastic sheet, coated and laminated in Japan.

Dear Ms. Pierce:

In your letter dated September 8, 1995, logged in at our administerial unit on October 3, you requested a classification ruling and the applicability of subheading 9802.00.50.

You wrote in your initial request of August 3, 1995, which was returned for additional information, that Monsanto, USA would ship rolls of nickel/copper plated woven polyester taffeta, as well as rolls of polyester nonwoven fabric to Monsanto Japan where the materials would be coated with fire retardant PVC. The product number for the woven laminate is 3035-213 and the number for the treated nonwoven is 3027-217.

The furnished literature mentions several applications for these EMI/RFI shielding products, such as enclosures, curtains, architectural shielding, cable wrap, tapes, shielding laminates, gaskets and grounding.

In your September 8th letter you clarified that the woven fabric would be laminated, on one side, with a sheet or film of PVC formulated to be fire retardant. The fabric would merely be laminated or assembled with the PVC sheet, with just trimming the edges, and returned on the roll without further fabrication. You write that the weight of the metalized woven fabric has a range of 2.5 - 3.1 oz/sq.yd. and the weight of the white PVC laminate has a range of 4 - 6 oz/sq.yd. You also furnished a sample of the metalized polyester taffeta to be shipped to Japan. The metal itself cannot be seen with the naked eye other than by change of color. The submitted, laminated sample, has an approximate weight of 10.4 oz/sq.yd. The plastic accounts for less than 70 percent of the total weight of the finished fabric.

In the second letter, you mention you lack information on the nonwoven material you also wish to send to Japan. However, in a phone conversation with Mr. Greg Skull, of Monsanto, and the National Import Specialist, there is sufficient information to also address the classification of the nonwoven fabric.

You give a weight range for the base polyester nonwoven fabric (before metal application) of between 0.9 oz/sq.yd. and 1.25 oz/sq.yd. The nonwoven will also be plated with nickel/copper metal. The plated nonwoven fabric will, however, be dipped into a fire retardant solution, not laminated with plastic. A sample of the finished treated material was furnished. This sample weighs approximately 10.4 oz/sq.yd. Neither the metal nor the fire retardant solution is visible to the naked eye other than by change of color. Mr. Skull indicated that the nonwoven material was constructed of a thermal bonded staple fiber.

The applicable subheading for the PVC laminated woven polyester taffeta will be 5903.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for Textile fabrics laminated with plastics: With polyvinyl chloride, Of man-made fibers, other (not over 70 percent by weight of plastics). The duty rate will be 8.4 percent ad valorem.

The laminated woven fabric falls within textile category designation 229. Based upon international textile trade agreements products of Japan are subject to the requirement of a visa.

The applicable subheading for the dipped metalized nonwovnen fabric will be 5603.00.90.30, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated or covered, thermal bonded of staple fiber. The duty rate will be 10 percent ad valorem.

Nonwoven fabrics fall within textile category designation 223. Based upon international textile trade agreements products of Japan are subject to the requirement of a visa.

You also ask if this material will fall into classification 9802.00.50, which relates to duty on alterations of goods.

The process that your woven goods undergo in Japan is an assembly or further manufacturing process which is different from an alteration or repair.

Under:
ARTICLES EXPORTED AND RETURNED, ADVANCED OR IMPROVED ABROAD

Section XXII
U.S. Notes

In part reads:
2. (a) Except as provided in paragraph (b), any product of the United States which is returned after having been advanced in value or improved in condition abroad by any process of manufacture or other means, or any imported article which has been assembled abroad in whole or in part of products of the United States, shall be treated for the purposes of this Act as a foreign article, ... .

Subheading 9802.00.80 provides for:
Articles, except goods of heading 9802.00.90, assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical , identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting... with:
A duty upon the full value of the imported article, less the cost or value of such products of the United States (see U.S. note 4 of this subchapter)

Your laminated woven goods would qualify for this partial duty exemption if all conditions are met, which seems to be the case as presented.

However, regarding the dipped nonwoven goods, no allowance can be made for the U.S. produced component since there is no assembly, but further manufacturing and an advancement in value. The nonwoven fabric would be dutiable at full value, which includes the cost of the U.S. goods plus ocean freight to Japan.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884.

Sincerely,

Roger J. Silvestri
Director

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See also:

• Tariff No.: 5903.10.25 - Textile fabrics nesoi,of man-made fibers,impregnated,coated,covered or laminated with polyvinyl chloride, n/o 70% by wt. rubber or plastics
• Tariff No.: 9802.00.50 - Articles returned to the U.S. after having been exported for repairs or alterations, nesi
• Tariff No.: 9802.00.80 - U.S. articles assembled abroad, which have not lost their physical identity or have not advanced in value or improved in condition abroad
• Tariff No.: 9802.00.90 - Textile and apparel goods, assembled in Mexico in which all fabric components were wholly formed and cut in the United States, etc.