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HQ 087267

August 16, 1990

CLA-2 CO:R:C:G 087267 CRS


TARIFF NO.: 5906.99.2500

Mr. Robert Garvin
Nippon Express U.S.A., Inc.
Chicago Ocean Cargo Branch
950 N. Edgewood Avenue
Wood Dale, Illinois 60191

RE: Rubber Dipped Polyester Fabric

Dear Mr. Garvin:

This is in reply to your letter, dated September 5, 1989, to our Chicago office, on behalf of your client, Kosen Universal Corporation, in which you requested a binding ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) concerning the classification of rubber dipped fabric. Samples were submitted with your request.


The merchandise in question consists of three samples of rubber dipped, leno weave, polyester fabric manufactured in and imported from Japan. The fabric is used in the manufacture of reinforced water hose for the automotive industry.

The fabrics come in 80mm, 130mm and 150mm widths, weigh 200 g/m, and are imported in 210m rolls. The three fabrics are made from high tenacity, multiple yarns with a tenacity of 74 centinewtons per tex. The yarn size is 1,000 D/1 + 1,000 D/1 multiple. The thread count is 230 + 230/M in the warp and 410/M in the filling.

The fabrics are dipped in a solution containing Resorine (1.8%), Formalin (3.6%), styrene-butadiene rubber (29.2%), melamine (12.4%), water (48.8%) and other materials, including caustic soda (4.1%), for 60 seconds at a temperature of 150 degrees Celsius, and then are dried at 205 degrees Celsius for approximately 36 seconds. Rubber constitutes roughly 10 percent of the total fabric weight.


Whether the fabric in question is a rubberized fabric such that it is classifiable in heading 5906, HTSUSA.


Heading 5906, HTSUSA, provides for rubberized textile fabrics, other than those of heading 5902 (tire cord fabric). Note 4, Chapter 59, HTSUSA, provides in pertinent part:

For the purposes of heading 5906, the expression "rubberized textile fabrics" means:

(a) Textile fabrics impregnated, coated, covered or laminated with rubber:

(i) Weighing not more than 1,500 g/m; or

(ii) Weighing more than 1,500 g/m and containing more than 50 percent by weight of textile material;

The three fabrics at issue each weigh 200 g/m, have been treated with rubber, and thus are prima facie classifiable in subheading 5906.

Apart from weight, the Chapter Notes establish no other requirements for classification in heading 5906, i.e., there is no minimum rubber content, nor is there a requirement that coatings be visible to the naked eye as there is, for example, with plastic coated fabrics of heading 5903.

The fabrics at issue have been dipped in a rubber solution comprised of 29.2 percent SBR. The presence of rubber has been confirmed by laboratory analysis. Consequently, the fabrics at issue are classifiable as rubberized fabrics.

However, since it can be difficult to detect the presence of coatings, future inquiries concerning rubberized fabrics should discuss the merchandise in depth. All pertinent information, including the type of coating (e.g., SBR), the amount of rubber present and the commercial purpose of the coating or impregnation should be submitted with ruling requests or attached to entry documentation in order to substantiate claims for classification in heading 5906.


The fabrics at issue are classifiable in subheading 5906.99.2500, HTSUSA, under the provision for rubberized textile fabrics, other than those of heading 5902, other, other, of man- made fibers, other, and is dutiable at the 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.


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