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NY N009765




April 24, 2007

CLA-2-56:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.10.0090, 5601.30.0000

Janice McEachern
Rogers & Brown
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of laminated textile fabric and aramid flock from the Netherlands

Dear Ms. McEachern:

In your letter dated April 11, 2007, you requested a tariff classification ruling on behalf of your client, Teijin Twaron USA, Inc., of Conyers, Georgia.

You submitted three samples. Item number 130866 is a plain woven fabric composed of 100% filament polyamide fiber. It contains 105 single yarns per centimeter in the warp and filling. The fabric is constructed using 930-decitex yarns in both the warp and the filling. Weighing 219 g/m2, this product will be imported in 137-centimeter widths. The yarns that form this fabric have a tenacity of 235 centinewtons per tex, thus meeting the standard for high tenacity yarn found in Section XI, Note 6, Harmonized Tariff Schedule of the United States (HTSUS). The product has been coated with a clear application of plastic; however, the plastic is not visible to the naked eye.

Note 2 to Chapter 59, HTSUS, defines the scope of heading 5903, HTSUS, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903 applies to:

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

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

(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39);

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

(4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);

Since the plastic coating on the fabric is not visible to the naked eye, this fabric is not considered a coated fabric either for the purposes of classification in heading 5903, HTSUS, as a coated fabric of textile, or as a plastic product of chapter 39, HTSUS.

The applicable subheading for fabric 130866 will be 5407.10.0090, HTSUS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters, other. The rate of duty will be 13.6%.

Item number 128872, identified as wet pulp, consists of 35% chopped aramid fibers and 65% water. Item number 108692, identified as dry pulp, consists of 93% chopped aramid fibers and 7% water. The product literature that you submitted indicates that the pulp is processed into technical paper using the beater process. Such paper comprises friction papers for automatic clutches, brake linings, and sealing papers for automotive gaskets.

In a telephone conversation you stated that the fibers are between 0.65 and 1.15 mm. The Explanatory Note to heading 5601, HTSUS, defines textile flock as textile fibers not exceeding 5 mm in length.

The applicable subheading for the wet and dry aramid pulps will be 5601.30.0000, HTSUS, which provides for textile flock. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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