HQ 083577: Country of origin of an interlining fabric

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 083577

                                   April 21 1989



          CLA-2:CO:R:C:G  083577  SR

          CATEGORY:  Classification, Marking

          Mr. Samuel S. Frumkies
          DHJ Industries Inc.
          1040 Avenue of the Americas
          New York, New York  10018

          RE:  Country of origin of an interlining fabric

          Dear Mr. Frumkies:

               This is in reference to your letter dated January 17, 1989,
          requesting the country of origin of an interlining fabric that
          originates in China and is further processed in Hong Kong.
          Samples are submitted.

          FACTS:

               The merchandise at issue is a 100 percent cotton interlining
          coated fabric.  The base cloth is woven in the People's Republic
          of China.  The fabric is then shipped in the greige to Hong Kong
          for bleaching, Sanforizing and polyethylene coating by the
          engraved roller printing technique.  The fabric is then shipped
          from Hong Kong to the United States in rolls of 100 and 150 yards
          each.

               The cotton fabric has been covered on one side with
          thermoplastic polyethylene dots and contains a thermoset plastic
          finish on the other surface.  The material, which has a weight of
          153.27 grams per square meter, consists by weight of
          approximately 86.4 percent cotton fabric and 13.6 percent of the
          plastic dots.  Microscopic examination of the material indicates
          that the plastic dots cover a substantial part of the total
          surface of the side to which they have been applied.

          ISSUE:

               Whether the application of the polyethylene dots is
          considered printing for purposes of determining substantial
          transformation of goods.
















                                         -2-

          LAW AND ANALYSIS:

               The country of origin of goods will change if a substantial
          transformation of the goods occurs through processes performed on
          the goods in another country.  19 CFR 12.130 (e) states that an
          article or material will become the product of a particular
          country if a fabric is dyed and printed and has two or more of
          the following finishing operations: bleaching, shrinking,
          fulling, napping, decating, permanent stiffening, weighting,
          permanent embossing, or moireing.

               Heading 5903, HTSUSA, provides for textile fabrics
          impregnated, coated, covered, or laminated with plastics.  Note 2
          of Chapter 59, HTSUSA, provides, in pertinent part:

               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 purpose of this
                  provision, no account should be taken of any resulting
                  change or color.

               Headquarters Ruling Letter (HRL) 082952, dated November 4,
          1988, dealt with the same issue.  It stated that the words
          "visible to the naked eye" used in Note 2(a)(1), is a clear
          expression by the drafters of the Harmonized System that a
          significant, if not substantial, amount of material must be added
          to a fabric for it to be considered "impregnated, coated, or
          covered."  It also stated that following the strict wording, for
          a fabric to be considered "impregnated, coated, or covered"
          within that requirement, the plastics material added to the
          fabric must be visibly distinguishable from that fabric without
          the use of magnification.  (See also HRL 081877, dated December
          1, 1988)

               The merchandise at issue appears shiny on the side that has
          the polyethylene applied, however, the plastic itself is not
          visible to the naked eye.  For this reason it cannot be
          considered to be "impregnated, coated, or covered" with plastics.  
















                                         -3-

               The merchandise at issue is dyed but it is not printed.  The
          polyurethane applied to the material is not enough for the fabric
          to be considered impregnated, coated or covered for
          classification purposes, therefore, the polyurethane applied to
          the fabric is not substantial enough to be considered printed and
          is not transformed according to 19 CFR 12.130 (e).

          HOLDING:

               The merchandise at issue is not substantially transformed by
          the processes performed in Hong Kong.  For purposes of
          classification and country of origin marking the country of
          origin of the goods is China.  You did not supply us with enough
          information about the cotton material to provide you with the
          proper HTSUSA subheading and quota information.  If you desire
          further classification and quota information please resubmit a
          ruling request giving us complete information on the makeup and
          weave of the cotton material.

                                              Sincerely,




                                              John Durant, Director
                                              Commercial Rulings Division