HQ 085616: Classification of Metallized 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 085616

                               January 10, 1990


CLA-2 CO:R:C:G  085616  HP

CATEGORY:  Classification

TARIFF NO.:  5407.60.2005

Mr. Stanley N. Stanchek
Vice President - Manufacturing
Verosol USA Inc.
P.O. Box 517
Pittsburgh, PA 15230

RE:  Classification of Metallized Fabric

Dear Mr. Stanchek:

     This is in reply to your letter of August 21, 1989,
concerning
the tariff classification of metallized fabric, produced in
Holland, under the Harmonized Tariff Schedule of the United
States
Annotated (HTSUSA).

FACTS:

     The merchandise at issue consists of 100% woven polyester
fabric, treated, washed, and heat-set.  After this is
accomplished,
powdered aluminum is melted at high temperatures, then vacuum-
bonded to one side of the fabric.  The polyester yarn has a
tenacity of 30 to 35 centinewtons per tex.  All styles of the
metallized fabric have a weight of less than 170 g/m.

ISSUE:

     Whether the metallized impregnation is visible to the naked
eye?

LAW AND ANALYSIS:

     Heading 5907, HTSUSA, provides for classification of textile
fabrics otherwise impregnated, coated, or covered.

     Note 5 to Chapter 59, HTSUSA, provides, in pertinent part:

Heading 5907 does not apply to:

(a) 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 of color; * * *
     The wording of Note 5(a) ("cannot be seen with the naked eye")
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.  The material added to the fabric must be visibly
distinguishable from that fabric without the use of magnification.
Any change in the "feel" of the material is not taken into account.
In essence, the coating must alter the visual characteristic of the
fabric in order for the fabric to be considered impregnated, coated
or covered.

     Applying the statutory test to the submitted samples, using
normally corrected vision in a well lighted room, the instant
merchandise does not have an impregnation visible to the naked eye.
After the metallizing process, the visual character of the fabric
is still that of a textile; the shine is merely a change in color.
Therefore, the fabric is not classifiable in heading 5907, HTSUSA.

HOLDING:

     As a result of the foregoing, the instant merchandise is
classified under subheading 5407.60.2005, HTSUSA, textile category
619, as woven fabrics of synthetic filament yarn, including woven
fabrics obtained from materials of heading 5404, other woven
fabrics, containing 85 percent or more by weight of non-textured
polyester filaments, other, unbleached or bleached, weighing not
more than 170 g/m flat fabrics.  The applicable rate of duty is
17 percent ad valorem.

     The designated textile and apparel category may be subdivided
into parts.  If so, 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 that you check, close to the time
of shipment, the Status Report On Current Import Quotas (Restraint
Levels), an issuance of the U.S. Customs Service, which is updated
weekly and is available at your local Customs office.

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


                                   Sincerely,


                                   John Durant, Director
                                   Commercial Rulings Division