Tariff classification of modified bitumen in roll form

HQ 083647 April 18 1989 CLA2 CO:R:C:G 083647 SM CATEGORY: Classification TARIFF NO.: 5907.00.1000 Mr. Richard B. Daniel Sealoflex 3333 C Marathon Court North Charleston, S.C. 29418 RE: Tariff classification of modified bitumen in roll form Dear Mr. Daniel: Your letter of December 13, 1988, requests a tariff classification ruling for rolls of modified bitumen to be imported from South Africa. FACTS: A sample of the merchandise was submitted. It consists of a nonwoven stitchbonded fiber fabric substrate that appears to be laminated to a separate bituminous sheet. An olefin film is laminated to the bituminous surface. You state that the merchandise would be in the form of rolls 40 inches wide by 300 feet in length. You plan to use it in conjunction with the waterproofing products you manufacture. ISSUE: How is the modified bitumen compound classified? LAW AND ANALYSIS: Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the headings of the tariff and any relative section and chapter notes, and after that, if necessary, in accordance with the remaining GRI's. Heading 6807, HTSUSA, provides for "/a/rticles of asphalt or of similar material (for example, petroleum bitumen or coal tar pitch)." However, Note 1(c) of Chapter 68 excludes  from classification in the headings of this chapter "/c/oated, impregnated or covered textile fabric of chapter 56 or 59 (for example, fabric coated or covered with mica powder, bituminized or asphalted fabric)." Thus we must consider whether the sample falls under the referenced provisions of Chapters 56 or 59. As stated above, the sample is a nonwoven stitchbonded fabric that appears to be laminated. Nonwoven fabrics are provided for under headings 5601, 5602, and 5603, HTSUSA. The sample is clearly not wadding of heading 5601. Heading 5602 provides for felt, whether or not impregnated, coated, covered or laminated. The Explanatory Notes (EN), the official inter pretation of the HTSUSA at the international level, for this heading indicate that it is intended to include stitchbonded fabrics "the essential feature of which is that they consist of a web of textile fibres the cohesion of which has been enhanced by picking up fibres from the web itself, and not by means of textile yarns." The cohesion of the fabric sample, however, is strengthened by textile yarns, and the fabric therefore appears not to be covered by heading 5602. The EN for heading 5602 refer to the EN for Chapter 60 for description of the stitchbonded knitting process. Chapter 60, HTSUSA, provides generally for knitted or crocheted fabrics. The EN for this chapter specify that these include fabrics produced by the stitchbonded knitting process, "provided they have chain stitches formed by textile yarn." In the case of the sample, the rows of chain stitches formed by textile yarn are clearly visible. The fabric, then, is a knit rather than a nonwoven for tariff purposes. However, Note 1(c) of Chapter 60, HTSUSA, excludes from the knitted and crocheted fabrics chapter "/k/nitted or crocheted fabrics, impregnated, coated, covered, or laminated, of Chapter 59." Chapter 59 provides generally for impregnated, coated, covered or laminated textile fabrics. The appropriate heading is 5907, HTSUSA, for textile fabrics otherwise impregnated, coated, or covered. The sample is thus excluded from Chapter 68. You state that the fabric will be imported from South Africa. Section 309 of the Comprehensive AntiApartheid Act of 1986, Pub. L. 99440, 100 Stat. 1086, as amended, prohibits the importation into the United States of textiles produced or manufactured in South Africa. HOLDING: The modified bitumen compound is classified under subheading 5907.00.1000, HTSUSA, textile category 229, a provision for certain laminated textile fabrics. However, the importation of textiles produced or manufactured in South Africa is prohibited. Sincerely, John Durant, Director Commercial Rulings Division