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NY B85906




June 12, 1997

CLA-2-54:RR:NC:TA:352 B85906

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.53.2020

Ms. Sandra L. Haupt
Tower Group International, Inc.
128 Dearborn Street
Buffalo, New York 14207-3198

RE: The tariff classification of polyester filament woven fabric from Switzerland.

Dear Ms. Haupt:

In your letter dated May 21, 1997, on behalf of your client Dowling Textile Manufacturing, you requested a tariff classification ruling.

Your letter describes three fabrics that you intend to import. These fabrics which are designed as bacterial filters and as barriers to body fluids are suitable for use in the manufacture of reusable surgical gowns, drapes and wrappers. The first fabric, designated as ROTECNO 2000 article number 600.34.00.00, is a plain woven fabric composed of 99% filament polyester and 1% carbon fiber. It is constructed using 150 decitex textured yarns in the warp and 180 decitex textured yarns in the filling. It contains 43 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. Weighing approximately 155 g/m2, this fabric will be imported in 150 centimeter widths. This product is made with yarns of different colors. You indicate that approximately 2% of the weight of the fabric consists of a plastic coating you identify as perflouroalkyl acrylic copolymer.

Style ROTECNO, article 470.34.00.00, is a plain woven fabric composed of 99% filament polyester and 1% carbon fiber. It is constructed using 110 decitex textured yarns in the warp and 180 decitex textured yarns in the filling. It contains 43 single yarns per centimeter in the warp and 29 single yarns per centimeter in the filling. Weighing approximately 135 g/m2, this fabric will be imported in 150 centimeter widths. This product is made with yarns of different colors. You indicate that approximately 2% of the weight of the fabric consists of a plastic coating you identify as perflouroalkyl acrylic copolymer.

Style ROTECNO, article 470.34.00.05, is a plain woven fabric composed of 99% filament polyester and 1% carbon fiber. It is constructed using 110 decitex textured yarns in the warp and 180 decitex textured yarns in the filling. It contains 43 single yarns per centimeter in the warp and 29 single yarns per centimeter in the filling. Weighing approximately 135 g/m2, this fabric will be imported in 150 centimeter widths. This product is made with yarns of different colors. You indicate that approximately 2% of the weight of the fabric consists of a plastic coating you identify as perflouroalkyl acrylic copolymer.

Your correspondence suggests that these fabrics may be classifiable as coated fabrics in heading 5907, HTS. This is not possible. The heading requires that the fabric be coated, impregnated or covered with a substance other than plastic or rubber. Since a plastic material was used to coat these fabrics heading 5907, HTS, would not apply.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to:

(A) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than:

(1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color;

Since the coating or lamination on the samples submitted is not visible to the naked eye, they are not considered coated fabrics for the purposes of classification as a coated or laminated fabric in heading 5903, HTS.

The applicable subheading for the three woven fabrics will be 5407.53.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of textured polyester filaments, of yarns of different colors, other, weighing not more than 170 g/m2, flat fabrics. The rate of duty will be 15.5 percent ad valorem.

This ruling is being issued under the provisions of Part 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 Alan Tytelman at 212-466-5896.

Sincerely,

Paul K. Schwartz
Chief, Textile and Apparel Branch

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