CLA-2 CO:R:C:G   082219 PR
Mr. Walter T. Brown
             Toyomenka (America) Inc.
             1285 Avenue of the Americas
             New York, New York 10019
             RE:  Classification of 3 fabrics, each of which has an
                   application of plastics on one surface
             Dear Mr. Brown:
                 This is in reply to your letter of February 9, 1988,
             concerning the classification of certain fabrics manufactured
             by Pang-Rim Spinning Co., Ltd., in Seoul, Korea.
             FACTS:
                 Three swatches of fabric were submitted.  It is stated
             that the merchandise will be imported as piece goods, 50 to 60
             yards in length and 41 to 45 inches in width.  All are plain
             woven dyed fabrics.  Style 6024 is stated to consist of 100
             percent cotton, "20 x 20, 70 x 70" with a polysilicon coating.
             Style AT 300 is stated to be 65 percent polyester and 35
             percent cotton, "45/2 x 45/2, 100 x 55" with a lacquer
             (polysilicon plastics) coating.  Style AT 5230  is stated to
             be 65 percent polyester and 35 percent cotton  "45 x 45, 136 x
             94", also with a lacquer coating.  The last two styles are
             stated to be able to pass the AATCC 35-1987 waterproof
             standard.  In all three styles, the plastics application does
             not change the surface character of the fabric and does not
             appear to be visible when viewed without the aid of a
             magnifier.
             ISSUE:
                 The issue presented is whether fabrics represented by the
             submitted swatches are classifiable as fabrics impregnated,
             coated, or covered with plastics, under the Harmonized Tariff
             Schedule of the United States Annotated (HTSUSA).
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LAW AND ANALYSIS:
                 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.
                 Applying the statutory test to the submitted samples,
             using normally corrected vision in a well lighted room, none
             of the submitted swatches has a plastics application which is
             visible to the naked eye.  Accordingly, fabrics, as
             represented by the samples,  are not classifiable under
             Heading 5903.  Such fabrics are classifiable in either Chapter
             52, if considered to be of cotton, or, if of man-made fibers,
             in either Chapter 54 (if of filaments) or Chapter 55 (if of
             staple fibers).
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Note 2(A), Section XI, HTSUSA, provides that goods
             classifiable in Chapters 50 to 55, and of a mixture or two or
             more textile materials are to be classified as if consisting
             of that one textile material which predominates by weight over
             each other single material.
                 Accordingly, fabrics, as represented by styles AT 300 and
             AT 5230, which are stated to be 65 percent polyester and 35
             percent cotton, are classifiable under the provisions for man-
             made fiber fabrics.
             HOLDING:
                 Fabric, as represented by style 6024 is classifiable under
             Heading 5208, HTSUSA.  However, without further information on
             its weight (in grams) per square meter and its number, as that
             term is defined in Additional U.S. Note 3, copy enclosed, we
             are unable to provide further information concerning the
             classification of that fabric.
                 Fabrics represented by styles AT 300 and AT 5230 are
             classifiable, if the polyester fibers in the fabric are in the
             form of filaments, under Subheading 5407.82.00, which provides
             for other dyed woven fabrics of synthetic filament yarn,
             containing less than 85 percent of synthetic filaments, mixed
             mainly or solely with cotton and dutiable at the rate of 17
             percent ad valorem.
                 If the polyester fibers in Styles AT 300 and AT 5230 are
             in the form of staple fibers and the fabrics weigh less than
             170 grams per square meter, those fabrics are classifiable
             under Subheading 5513.21.00, which provides for dyed plain
             weave fabrics of synthetic staple fibers, containing less than
             85 percent of such fibers, mixed mainly or solely with cotton.
             If the fabrics weigh over 170 grams per square meter, they are
             classifiable under a similar provision, in Subheading
             5514.21.00.  In either classification, the applicable rate of
             duty is 17 percent ad valorem.  These classifications
             represent the present position of the Customs Service under
             the HTSUSA.  If there are changes before the effective date of
             January 1, 1989, this advice may not continue to be
             applicable.
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                 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