CLA-2 CO:R:C:T 952803 PR
Ms. Saralee Antrim-Saizan
Carmichael International Service
256 West Ivy Avenue
Inglewood, AC. 90302-3394
RE: Classification of knit fabrics with laid-in polyester strips
and plastic sequins--Held not pile fabrics and not covered or
coated with plastics
Dear Ms. Antrim-Saizan:
This is in reply to your letter of October 19, 1992, on behalf
of L. A. Fabric Import, concerning the classification of a sample
fabric. Our ruling on the matter follows.
FACTS:
The sample fabric is described by our National Import
Specialist as follows:
. . . a sample of a nylon jersey knitted fabric. It has
laid-in polyester strips which are approximately 0.5 mm in
width. If these laid-in yarns are removed, the base fabrics
maintain their structural integrity. The laid-in yarns form
loops visible on the surface of the materials, and they
protrude slightly from the fabric surface. The fabric has
plastic circular dots 6 mm in diameter. These dots give the
appearance of sequins covering the fabric. They appear to
have been attached by means of an adhesive. They are evenly
spaced, separated from each other by approximately 2 mm in
both the warp and the weft directions, and present a uniform
geometric pattern on the fabric surface.
The "loops" described by the National Import Specialist are,
in actuality, loose floats.
-2-
The merchandise at issue is described in the inquiry as
follows:
. . . "American Knit with Spangles", Design No. NE-3019.
It is constructed of 100% 70D nylon with metallized polyester
film fibers woven throughout and small plastic disks measuring
1/4 inch glued onto the surface. It is imported in bolts of
44/45" widths. The fabric is being produced in Korea by
Tongkook Corporation for importation through the port of Los
Angeles/Long Beach.
ISSUE:
The primary issued presented is whether the sample is
classifiable as a knit pile fabric under heading 6001, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), or as an
other knit fabric in under heading 6002, HTSUS. If it is
determined that the fabric is not classifiable as a pile fabric,
then an ancillary issue arises--is the fabric classifiable as a
fabric coated or covered with plastics, under heading 5903, HTSUS.
LAW AND ANALYSIS:
This same issue was the subject of a ruling HQ 952804, decided
this same date, copy enclosed. The merchandise which was the
subject of that ruling is essentially the same merchandise as the
instant merchandise. Accordingly, the LAW AND ANALYSIS section of
that ruling is incorporated herein by reference.
HOLDING:
The subject fabrics, when imported in material lengths, are
classifiable under the provision for other knitted fabrics of man-
made fibers, in subheading 6002.93.0080, HTSUSA, textile restraint
category 222, with duty, as a product of South Korea, at the 1993
rate of 14 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.
-3-
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.
Sincerely,
John Durant, Director
Commercial Rulings Division
Enclosure
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Dick Crichton--OTO
1cc: Cynthia Reese
MEMO TO FILE
I called NIS Jeff Konset and asked him if, in the real world,
these fabrics are known as pile fabrics. He stated that they were
not commonly or commercially known as pile fabrics--he had
recommended classification as such only for the sake of uniformity.
He was following our ruling in 089844, dated 11/22/91.
I discussed the matter with H. Volenick, who agreed that
089844 should be modified. I called Mary Walsh at OTEXA and told
him that we were intending to modify a prior ruling. I described
the merchandise and explained our position. He indicated that
there should be no problem since the two concerned categories are
grouped, and that he would accept our judgement on the matter.
PLRobins
1/29/93