HQ 086130: Classification of certain coated fabrics

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 086130

                                  March 1, 1990


      CLA-2 CO:R:C:G  086130  CMR  846948, 846949

      CATEGORY: Classification

      TARIFF NO.: 5407.20.0000, 5903.90.2500, 3921.90.1500

      Mrs. Alice Wagner
      C. J. Tower
      Customs Brokers
      128 Dearborn Street
      Buffalo, New York  14207-3198

      RE: Classification of certain coated fabrics

      Dear Mrs. Wagner:

           This ruling is in response to your letters of November 1, 1989,
      on behalf of your client, Fabrene Inc., regarding the classification
      of woven fabrics of polyethylene strip with various polyethylene
      coatings.

      FACTS:

           Twelve samples have been submitted to Customs for consideration.
      The fabric for all twelve samples is fabric of clear woven polyethy-
      lene strips, under 5 mm in apparent width, coated or laminated on one
      or both sides with various polyethylene plastic films.  The samples
      were submitted in two separate letters each dated November 1, 1989.

           The first letter refers to nine samples.

           Sample 1 is the woven fabric with one side coated with the
      natural/clear polyethylene.  In HRL 084744 of August 29, 1989, it was
      determined that the natural/clear polyethylene coating was not
      visible to the naked eye and therefore, this fabric was not
      classifiable as a coated fabric of Chapter 59.  It was classified
      instead as if it were an uncoated fabric in subheading 5407.20.0000,
      HTSUSA, which provides for woven fabrics of synthetic strip.

           Samples 2 and 3 are the same fabric with one side coated.  The
      coating has had a blue concentrate colorant added in a ratio of one
      part colortech blue concentrate to 200 parts of natural polyethylene
      for sample 2 and a ratio of one part to 500 parts for sample 3.  











                                       -2-


           Sample 4 is the fabric in tube form with one side coated with
      the natural/clear coating on one side.  This sample was the subject
      of HRL 084348 of August 3, 1989 and was classified in the same
      provision as sample 1 above, subheading 5407.20.0000, HTSUSA.

           Samples 5, 6 and 7 are the tubed fabric in which the coating has
      been colored with a red or pink color concentrate in an increasing
      ratio of natural polyethylene to the color concentrate: #5, 500:1;
      #6, 1000:1; and, #7, 2000:1.

           Sample 8 is woven fabric of clear strips of polyethylene coated
      with natural/clear polyethylene coating which has been physically
      treated (embossed) to create an anti-skid surface.

           Sample 9 is the woven fabric without any coating and is
      submitted for reference purposes only.

           The second letter refers to three samples.

           Sample 1 is the one-side natural coated polyethylene fabric
      which was classified in HRL 084744 in subheading 5407.20.0000,
      HTSUSA.

           Sample 2 is the woven fabric with one side coated with
      polyethylene containing ampacet fire retardant additive.  The ratio
      of ampacet fire retardant additive to natural polyethylene is 1:8.

           Sample 3 is the woven fabric with both sides coated with
      polyethylene containing ampacet fire retardant additive.  The ratio
      of ampacet fire retardant additive to natural polyethylene is the
      same as in sample 2.

      ISSUE:

           For classification purposes, are on the submitted samples
      considered impregnated, coated, covered or laminated with plastics;
      i.e, are the coatings visible to the naked eye?

      LAW AND ANALYSIS:

           Classification of products under the HTSUSA is governed by the
      General Rules of Interpretation (GRIs).  GRI 1 provides that
      classification shall be determined according to the terms of the
      headings and any relative section or chapter notes, and provided such
      headings or notes do not otherwise require, according to [the
      remaining GRIs taken in order].

           The fabric at issue, without coating or without a visible
      coating, is classified in subheading 5407.20.0000, HTSUSA, as a woven
      fabric of synthetic strip not exceeding 5 mm in apparent width.  See
      HRL 084348 of August 3, 1989, and HRL 084744 of August 29, 1989.











                                       -3-


           Samples 1 from each letter (classified in HRL 084744) and
      samples 4 (classified in HRL 084348) and 9 are not at issue.  The
      remaining fabric samples which have been coated with varying amounts
      of color concentrate added or ampacet fire retardant present are at
      issue with classification in heading 5903, HTSUSA, being sought.  In
      order to be classified in heading 5903, HTSUSA, as coated fabrics,
      these samples must meet the requirements of Note 2, Chapter 59.  One
      of the requirements is that the plastic coating be visible to the
      naked eye with no account being taken of any resulting change in
      color.

           Since color change must be disregarded in examining coated
      fabrics to determine if the coating is visible to the naked eye, the
      addition of a color concentrate, in whatever amount, should not
      affect the determination that a fabric is or is not coated for
      classification purposes.  Customs has taken the position that the
      coating is visible when it creates a change in the surface character
      of the fabric.  Having examined the submitted samples from your first
      letter in a well-lighted room, we believe that the coatings on
      samples 2, 3, 5, 6, and 7 fail to meet the visibility requirement of
      Note 2, Chapter 59.  The addition of the color concentrate merely
      affects the color of the coating which we must disregard.

           As for sample 8, the embossing treatment is visible if one looks
      very closely at the fabric; however, the plastic coating itself is
      not readily visible.

           Samples 2 and 3 from the second letter which are coated on one
      and both sides, respectively, appear to have smoother surface areas
      on the coated sides.  The underlying strips have been partially
      obscured, especially in sample 3.  Therefore, we consider the plastic
      coatings on samples 2 and 3 to be visible because they have altered
      the surface character of the fabric, albeit in sample 2 only
      slightly.

           Note 2(a), Chapter 59, excludes from classification in heading
      5903 textile fabrics in which the fabric is either completely
      embedded in plastics or entirely coated or covered on both sides with
      plastics, provided the coating or covering meets the visibility test.
      These fabrics are classifiable in Chapter 39.  Since sample 3 is
      coated on both sides with visible plastics, it is classifiable in
      Chapter 39.

      HOLDING:

           Samples 2, 3, 5, 6, 7 and 8 from the first letter are
      classifiable in subheading 5407.20.0000, HTSUSA, which provides for
      woven fabrics of synthetic strip.  The fabrics fall within textile
      category 620 and are dutiable at 13.6 percent ad valorem as a product
      of Canada.











                                       -4-


           Sample 2 from the second letter is classifiable in subheading
      5903.90.2500, HTSUSA, as a textile fabric impregnated, coated,
      covered or laminated with plastics, other, of man-made fibers.  The
      fabric falls within textile category 229 and is dutiable at 6.8
      percent ad valorem as a product of Canada.

           Sample 3 is classifiable in subheading 3921.90.1500, HTSUSA,
      which provides for other plates, sheets, film, foil and strip of
      plastics, other, combined with textile materials and weighing not
      more than 1.492 kg/m squared: products with textile components in
      which man-made fibers predominate by weight over any other single
      textile fiber: other.  The fabric falls within textile category 229
      and is dutiable at 6.8 percent ad valorem as a product of Canada.

           The designated textile and apparel category 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 you 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 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 importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division























      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins