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HQ 085245

August 31, 1989

CLA-2 CO:R:C:G 085245 CMR


TARIFF NO.: 6210.20.1020

Mr. Richard Evin
Evin Industries Ltd.
431 Lincoln Avenue
Highland Park, New Jersey 08904

RE: Classification of a men's nylon coat made of certain coated fabrics

Dear Mr. Evin:

This ruling is in response to your letter of July 27, 1989, requesting the classification of certain coated fabric samples.


The submitted fabric samples are being considered for use in the manufacture of a men's nylon coat which was the subject of HRL 084016 of June 14, 1989. The fabric samples are all of 100 percent Oxford nylon fabric. Sample A is coated with a 1200 mm polyurethane plastic silver coating. Sample B is coated with a 1500 mm polyurethane plastic silver coating. Sample C is coated with a 1500 mm polyurethane plastic regular coating. A sample of uncoated fabric has also been submitted for comparison purposes.


Are the submitted fabric samples, A, B, and C, considered "impregnated, coated, covered or laminated with plastics" under the provisions of heading 5903, HTSUSA?

What would be the classification of the men's nylon coat of HRL 084016 if constructed of the submitted fabric samples?


Heading 5903, HTSUSA, provides for textile fabrics impregnated, coated, covered, or laminated with plastics (except tire cord which is provided for in Heading 5902).

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 of color.

It is our view that the wording of Note 2(a)(1) ("visible to 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."

Therefore, following the strict wording of Note 2(a)(1), 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. Customs believes that this criterion is satisfied when the application of a plastics material clearly changes the surface character of the fabric. In such an instance, the naked eye is seeing the plastics.

Having examined the submitted fabric samples, we believe that the surface character of fabric samples B and C is sufficiently changed to meet the requirement of heading 5903 that the plastic be visible to the naked eye. Fabric sample A, however, does not appear to meet the test of heading 5903. We believe that what we are seeing in that sample is only the change in color which we are directed to disregard.


If the men's nylon coat of HRL 084016 was made with the fabric of sample A as its outer shell, it would remain classifiable in subheading 6201.13.4030, HTSUSA, as ruled in HRL 084016. The garment falls within textile category 634 and is dutiable at 29.5 percent ad valorem.

If the coat was made with the fabric of samples B or C as its outer shell, it would be classifiable as a garment made up of fabric
of heading 5903 of the type described in subheadings 6201.11 to 6201.19, of man-made fibers, other, subheading 6210.20.1020, HTSUSA, textile category 634, dutiable 7.6 percent ad valorem.

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.


John Durant, Director
Commercial Rulings Division

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