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HQ 085850

January 11, 1990

CLA-2 CO:R:C:G 085850 CB


TARIFF NO.: 6002.43.0080; 5903.90.2500

Mr. Nam Y Choi
Ilshin America, Inc.
614 Stanley Place
River Vale, NJ 07675

RE: Classification of knit coated fabric

Dear Mr. Choi:

This is in response to your letter of October 17, 1989, requesting a binding classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for two fusible-interlining knit fabrics with thermoplastic glue on one surface from Korea.


Two samples were submitted for classification. Both samples, items IS-2040M and IS-9016, are 100% nylon bleached tricot knit fabrics. The weight of the thermoplastic glue applied to IS-2040M is stated to be 0.25 ounces per linear yard. Item IS-9016 is said to have 0.56 ounces per linear yard of thermoplastic glue. Both fabrics will be imported in 44/48 inch widths.


Whether the thermoplastic glue is considered a coating or covering under the HTSUSA?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

Chapter 59 of the HTSUSA provides for impregnated, coated, covered or laminated textile fabrics. More specifically, fabrics that are impregnated, coated, covered or laminated with plastics are classifiable in heading 5903. Chapter 59, Note 2, provides in part that Heading 5903 applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics..., 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)....

The Explanatory Notes, which constitute the official interpretation of the HTSUSA at the international level, state in regard to Heading 5903 that:

This heading also covers...textile 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. (emphasis added)

It is clear that the visibility requirement must be met before a textile fabric can be classified in heading 5903, HTSUSA. It is Customs position that with respect to the subject fabrics, the plastic coating applied to the IS-2040M is not visible to the naked eye. The fabric is not classifiable in Chapter 59.

Pursuant to Chapter 59, Note 2(a)(1), classification of the IS-2040M is remanded to Chapter 60, HTSUSA, which provides for knitted or crocheted fabrics. IS-2040M is classifiable as a warp knit fabric in subheading 6002.43.0080, HTSUSA.

Regarding the IS-9016 fabric, on examining the material in a well lighted room, the plastic coating is visible to the naked eye. Therefore, the fabric is classifiable in subheading 5903.90.2500, HTSUSA.


The IS-2040M is classifiable in subheading 6002.43.0080, HTSUSA, which provides for other knitted or crocheted fabrics, other fabrics, warp knit, of man-made fibers, other. The textile category is 222 and the rate of duty is 14 percent ad valorem.

The IS-9016 is classifiable in subheading 5903.90.2500, HTSUSA, which provides for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902, other, other, other. The rate of duty is 8.5 percent ad valorem and the textile category is 229.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) 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.

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.


John Durant, Director

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