HQ 957915: Classification of coated fabric; Note 2(a)(1) to Chapter 59; heading 5903, HTSUSA; coatingvisible if manually separable from underlying fabric; HRL 953937 (12/17/93); 956772 (12/9/94);953937 (12/17/93); 956946 (4/6/95).

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 957915

                          July 28, 1995

CO:R:C:T 957915 SK

CATEGORY: Classification

TARIFF NO.: 5903.90.2500

Thomas J. O'Donnell
O'Donnell, Byrne & Williams
20 North Wacker Drive
Suite 3710
Chicago, IL 60606

RE: Classification of coated fabric; Note 2(a)(1) to Chapter 59; heading 5903, HTSUSA; coating
visible if manually separable from underlying fabric; HRL 953937 (12/17/93); 956772 (12/9/94);
953937 (12/17/93); 956946 (4/6/95).

Dear Mr. O'Donnell:

     This is in response to your letter of August 5, 1994, on behalf of Helios Container
Systems, Inc., requesting a binding classification ruling for coated polypropylene woven fabric.
Coated and uncoated samples of the subject fabric were submitted to this office for examination.

FACTS:

     The subject merchandise is a woven fabric comprised of 100 percent polypropylene strips
measuring approximately 2 millimeters in width.  The fabric is laminated on one side with a
polyethylene copolymer-type plastic to which  white pigment has been added.  The fabric will be
imported in rolls 36 inches, 42 inches and 48 inches wide.  Once imported into the United States,
the fabric will be made into reusable, flexible, semi-bulk cargo bags used to handle, ship or store
dry, flowable materials.





                              - 2 -


     The New York Customs laboratory analyzed the samples and provided the following
specifications:

Denier in warp                1051

Denier in filling                  1819

Thickness of fabric (unlaminated)  0.45 mm

Thickness of lamination            0.10 mm

Thickness of fabric (laminated)         0.55 mm

Weight of fabric                   224.0 g/square meter (86.8%)

Weight of lamination                 34.1 g/square meter (13.2%)

Total weight                  258.1 g/square meter 


     The polypropylene strips comprising this fabric, in both their coated and uncoated states,
are of a high saturation white hue with shiny surface.  The strips are somewhat translucent and
have been crimped or folded from wider widths.

ISSUE:

     Whether the coating on the subject fabric is visible to the naked eye so as to warrant
classification under heading 5903, Harmonized Tariff Schedule of the United States Annotated
(HTSUSA)? 

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in accordance with the 
General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be
in accordance with the terms of the headings and any relevant section or chapter notes. Where
goods cannot be classified solely on the basis of GRI 



                              - 3 -

1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be
applied in the order of their appearance.

          Heading 5903, HTSUSA, provides for "[T]extile fabrics impregnated, coated,
covered or laminated with plastics, other than those of heading 5902."  Chapter Note 2(a)(1) to
Chapter 59 states that heading 5903 precludes: 

     "[F]abrics in which the impregnation, coating or covering cannot be 
     seen with the naked eye (usually chapters 50 to 55, 58 or 60); for 
     the purpose of this provision, no account should be taken of any 
     resulting change of color." 

As noted supra, heading 5903 provides for only those fabrics which are visibly coated.  If, upon
unaided visual examination, there is the suggestion of the presence of plastic coating, it is then
within Customs' discretion to examine the fabric under magnification.  See HRL 082644 of March
2, 1990.

     The sole criterion upon which Customs is to determine whether fabric is coated for
purposes of classification under heading 5903, HTSUSA, is based on visibility: fabric is coated
and is classifiable in this heading if the plastic coating is visible to the naked eye.  This standard
does not allow the examiner to take the "effects" of plastic coating into account.  Plastic coating
will often result in a change of color, or increase a fabric's stiffness; these are factors which, while
indicative of the presence of plastic, may not be taken into account in determining whether the
plastic itself is visible to the naked eye.

     In the instant analysis, examination of the subject fabric yields the finding that it is visibly
coated with plastic.  The translucent plastic laminate is manually separable from the underlying
woven polypropylene strip.  It is on this basis that Customs deems the fabrics visibly coated.

HOLDING:

     The subject fabric is classifiable under subheading 5903.90.2500, HTSUSA, which
provides for "[T]extile fabrics impregnated, coated, covered or laminated with plastics, other than
those of heading 5902: other: of man-made fibers: other: other," dutiable at a rate of 8.4 percent
ad valorem.  The textile quota category is 229.
 



                              - 4 -


     The designated textile and apparel categories may be subdivided into parts.  If so, the 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 your
client 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 updated weekly and
is available for inspection at a local Customs office.

     Due to the nature of the statistical annotation (the ninth and tenth digits of the
classification) and the restraint (quota/visa) categories, your client should contact a local Customs
office prior to importation of this merchandise to determine the current status of any import
restraints or requirements.

     All future requests for binding classification rulings concerning plastic coated fabrics
should be accompanied by samples of the subject fabric in both its coated and uncoated states.


                         Sincerely,



                         John Durant, Director
                         Commercial Rulings Division