HQ 086141: Coated Interlining 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 086141

                        January 16, 1990



CLA-2 CO:R:C:G 086141 CRS

CATEGORY:  Classification

TARIFF NO.:  5903.20.2500

Stephen M. Zelman, Esq.
Attorney At Law
271 Madison Avenue
New York, NY 10016

RE:  Coated Interlining Fabrics

Dear Mr. Zelman:

     This is in reply to your letter dated October 20, 1989, on
behalf of Samuel Haber's Sons, Division of QST Industries, in
which you requested a ruling under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA) concerning the above-
referenced merchandise.  Samples were submitted with your
request.

FACTS:

     The articles in question are five styles of fusible
interlining fabric imported from France.  It is anticipated that
the merchandise will be imported through New York Seaport.

     The styles are designated as follows:  F2613, color
491(black); F7633, color 491(black); F1403, color 48(charcoal);
F758, color 49(black); F608, color 48(charcoal).  All are varying
shades of weft knit, man-made fiber fabrics coated on one side
with particles of thermoplastic resin.  You state that the
interlinings will be used primarily on wearing apparel and, that
due to the presence of the thermoplastic resin, are capable of
providing a bond to other fabrics or materials on the application
of heat and pressure.

ISSUE:

     Whether the fabrics in question are coated such that they
are classifiable in heading 5903, HTSUSA.



LAW AND ANALYSIS:

     Articles are classified under the HTSUSA in accordance with
the General Rules of Interpretation (GRIs).  GRI 1 provides that
the classification of articles is determined according to the
terms of the headings and any relative section or chapter notes
and, provided the headings or notes do not otherwise require,
according to the remaining GRIs taken in order.

     Heading 5903, HTSUSA, covers textile fabrics impregnated,
coated, covered or laminated with plastics, other than those of
heading 5902.  In order for a fabric to be considered coated
within the meaning of heading 5903, Note 2(a)(1), Chapter 59,
provides that whatever the nature of the plastic material, the
coating must be visible to the naked eye, but that no account is
to be taken of changes in color.

     The thermoplastic coatings applied to the fabrics at issue
are in all five cases visible to the naked eye.  On fabrics F758,
F1403, F608 and F7633, the coating appear as small, crystalline
particles, roughly similar to salt. The thermoplastic particles
which comprise the coating of F2613 can be seen as specks or dots
of matter lodged between the weave of the fabric.  The
Explanatory Notes, which constitute the official interpretation
of the Harmonized System at the international level, state that
heading 5903 includes:

     [T]extile fabrics which are spattered by spraying with
     visible particles of thermoplastic material and are capable
     of providing a bond to other fabrics or materials on the
     application of heat and pressure.

The coated fabrics at issue have been sprayed with particles of
thermoplastic material and, as you state, are capable of
providing a bond to other fabrics.  As a result, it is Customs'
view that they are classifiable in heading 5903, HTSUSA.

HOLDING:

     The fabrics in question are classifiable in subheading
5903.20.2500, HTSUSA, under the provision for textile fabrics
coated with polyurethane, of man-made fibers, other, other, and
is dutiable at a rate of 8.5 percent ad valorem.  The textile
category is 229.

     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 internal
issuance of the U.S. Customs Service, which 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