Classification of textile fabric; electroplated withmetallic copper; acrylic plastic surface; Heading 5911; Note 7 toChapter 59; Computer display terminal; Video display screen

HQ 952421 May 14, 1993 CLA-2 CO:R:C:T 952421 CAB CATEGORY: Classification TARIFF NO.: 5911.10.2000 F. Gordon Lee, Esq. O'Connor & Hannan 1919 Pennsylvania Ave., N.W. Suite 800 Washington, D.C. 20006-3483 RE: Classification of textile fabric; electroplated with metallic copper; acrylic plastic surface; Heading 5911; Note 7 to Chapter 59; Computer display terminal; Video display screen Dear Mr. Lee: This ruling is in response to your inquiry of August 5, 1992, on behalf of NoRad Corporation, requesting a tariff classification for material attached to a video display frame, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The fabric is imported from Japan. FACTS: A sample of fine woven mesh textile fabric which will be imported in bolts was submitted. The fabric is woven from polyester monofilaments, then electroplated with metallic copper, and finally acrylic plastic is added to the surface of the fabric. You maintain that the fabric is specifically designed to block radiation, eliminate static electricity, glare, and reflection. You also submitted a sample of the finished product which is comprised of the woven mesh textile fabric at issue. The finished product is a video display screen which you refer to as the "NoRad Shield". ISSUE: Whether the merchandise at issue is classifiable under Heading 5911, HTSUSA, as textile products and articles, for technical uses? LAW AND ANALYSIS: Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's, taken in order. Heading 5911, HTSUSA, provides for textile products and articles, for technical uses, specified in Note 7 to this chapter. Note 7 to Chapter 59 states, in pertinent part: (a) Textile products in the piece, cut to length or simply cut to rectangular (including square) shape (other than those having the character of the products of headings 5908 to 5910), the following only: (i) Textile fabrics, felt and felt-lined woven fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes; * * * (v) Textile fabric reinforced with metal, of a kind used for technical purposes In your submission, you assert that the instant fabric is potentially classifiable under Heading 5911, HTSUSA, pursuant to Note 7(a)(v) to Chapter 59. Note 7(a)(v) to Chapter 59 expressly provides for textile fabrics that are reinforced with metal, of a kind used for technical purposes. Although the fabric in question is electroplated with metallic copper, the metal is not present to strengthen or support the fabric. There is no mention in your submission that the copper component of the subject fabric is intended for reinforcement purposes. In fact you specifically describe the fabric in question as "specially manufactured technical fabric designed specifically for the purposes of blocking radiation, eliminating static electricity, and eliminating glare and reflection. You further state that "NoRad is unaware of uses for the fabric other than as described above". Consequently, the merchandise in question is not classifiable under Heading 5911, HTSUSA, in accordance with Note 7(a)(v) to Chapter 59. As an alternative to classification under Heading 5911, HTSUSA, based on Note 7(a)(v), you propose classification of the instant merchandise under Heading 5911, HTSUSA, in compliance with Note 7(a)(1) to Chapter 59. As stated above, Note 7(a)(1) to Chapter 59 specifically provides for textile fabrics, felt and felt-lined woven fabrics coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes. The instant fabric is constructed of woven textile material and is coated with an acrylic plastic. However, to be properly classifiable under Heading 5911, HTSUSA, pursuant to Note 7(a)(1) to Chapter 59, the subject fabric must also fit into a class or kind of merchandise used for technical purposes. To support your contention that the instant fabric is classifiable under Heading 5911, HTSUSA, as a technical use fabric you cite HRL 083200, dated September 19, 1989, and HRL 085425, dated December 13, 1989. In both of these rulings Customs was faced with the issue of the proper tariff classification for a computer terminal screen. The screens' primary function was to shield the computer user from the potentially harmful effects of glare, static electricity, and electromagnetic transmissions emitted from the computer terminal. Customs concluded that the screens were classifiable under subheading 5911.90, HTSUSA, as articles used for technical purposes. The subject articles in both of the aforementioned rulings were comprised of an outer frame and woven material similar in composition to the fabric in question. You refer to this similarity in composition as a basis for your claim that the instant fabric fits into class or kind of merchandise intended for technical use. It is important to note that a finished product may be classifiable as an article for technical use under Heading 5911, HTSUSA; however, if Customs had to classify only the material component of the finished article, there is no provision in the nomenclature that requires the fabric portion to be classified under the same provision as the finished product. In this case, in light of information from the importer and the submitted finished product, it is Customs belief that the sample fabric fits into a class or kind of merchandise that will be used for technical purposes. Therefore, the instant merchandise is classifiable under Heading 5911, HTSUSA, based on Note 7(a)(1) to Chapter 59. HOLDING: Based on the foregoing, the instant fabric is classifiable under subheading 5911.10.2000, HTSUSA, which provides for textile fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes. The applicable rate of duty is 7.5 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 applicable to textile merchandise, 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