HQ 087267

August 16, 1990

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

CATEGORY: Classification

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.

FACTS:

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.

ISSUE:

Whether the fabric in question is a rubberized fabric such

that it is classifiable in heading 5906, HTSUSA.

LAW AND ANALYSIS:

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.

HOLDING:

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.

Sincerely,

John Durant, Director

Commercial Rulings Division