United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0952904 - HQ 0952997 > HQ 0952924

Previous Ruling Next Ruling

HQ 952924

May 7, 1993

CLA-2 CO:R:C:T 952924 SK


TARIFF: 6001.29.0000

Peter Weinrauch
Import Commodity Group Ltd.
156-15 146th Avenue, ste. 314
Jamaica, New York 11434

RE: Classification of fabric; pile fabric of heading 6001 vs. other knitted or crocheted fabric of heading 6002; EN (4) to heading 6001, HTSUSA; HRL 951374 (10/30/92); HRL 951111 (8/5/92); HRL 084317 (5/21/90); the process involved in the production of the fabric determines whether the fabric is classifiable as a pile fabric.

Dear Mr. Weinrauch:

This is in reply to your inquiry of October 26, 1992, on behalf of your client, Nipkow & Kobelt, requesting a binding ruling classification for knitted fabric with laid-in metalized yarns. Two sample swatches were submitted to this office for examination.


At issue are two samples of nylon jersey knitted fabric. Sample swatches were submitted and both have laid-in metalized strips which are approximately 0.5 millimeters in width. You state that both of these samples are sold under the same style number, referenced style number HOSQ05. Although both samples have laid-in metalized yarns, one of the samples has been dyed black so that it is less obvious that the laid-in yarns are metalized. When the 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 loops are capable of being pushed from side to side and rise over two courses of the knit fabric beneath them.


Whether the fabrics in question are classifiable under a
provision for pile fabrics in heading 6001, HTSUSA, or under a provision for other knitted or crocheted fabrics in heading 6002, HTSUSA?


Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI's). The GRI require that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied in the order of their appearance.

The competing headings at issue are heading 6001, HTSUSA, which provides for pile fabrics, knitted or crocheted, and heading 6002, HTSUSA, which provides for other knitted or crocheted fabrics.

Explanatory Note (EN) (4) to heading 6001, HTSUSA, which provides the official interpretation of the tariff schedule at the international (six digit) level, states that for a fabric to be classifiable as a pile fabric, it must have protruding yarns (or their equivalent). The EN enumerate the following methods of production as those mainly used for knit pile fabrics:

(1) a circular knitting machine produces a knitted fabric in which, by means of an additional yarn, protruding loops are formed; afterwards the loops are cut to form pile and thus give a velvet-like surface;

(2) a special warp knitting machine knits the fabrics face to face with common pile yarn; the two fabrics are then separated by cutting to produce two knitted fabrics with a cut pile;

(3) textile fibres from a carded sliver are inserted into the loops of a knitted ground fabric as it is formed ("long pile" fabrics);

(4) textile yarn to form loops ("imitation terry fabrics") (see General Explanatory Note). Such fabrics have rows of chain stitches on the back of the fabrics and they differ from the pile fabrics of heading 58.02, which are characterized by rows of stitches having the appearance of running along the length of the back of the fabric.

As the fabrics at issue consist of laid-in yarns, forming loops, inserted during the knitting process and protruding from the base material, EN (4) to heading 6001, HTSUSA, provides for this merchandise. The fact that the fabric at issue is not constructed in the same way as traditional terry-knit material does not exclude it from heading 6001, HTSUSA, as the constructions described in the EN are examples and not exhaustive listings.

As set forth in Headquarters Ruling Letter (HRL) 951374, dated October 30, 1992, and HRL 951111, dated August 5, 1992, this office is of the opinion that it is the process involved in the production of a fabric which determines whether that fabric is classifiable as a pile fabric. HRL 951374 states, "if during the weaving or knitting of a fabric, yarns are caused to project from the surface(s) (i.e., the base material) of that fabric creating a "pile" appearance, that fabric will be considered a pile fabric for the purposes of the HTSUSA ... ." The fabric at issue is knitted in such a manner that the laid-in yarns protrude from the base material. Accordingly, the subject merchandise has been processed in such a manner so as to be properly classifiable under heading 6001, HTSUSA, as a pile fabric.

Moreover, there remains some question as to whether the loops created by the laid-in yarn protrude enough to warrant classification under heading 6001, HTSUSA, as a pile fabric. It is this office's opinion that they do. The EN to heading 6001, HTSUSA, provides no quantitative guidance as to how much loops must protrude; it only describes types of processes which produce pile fabrics. As the fabric at issue meets the requirements of EN (4), we are unwilling to create quantitative prerequisites which would mandate that looped yarn be of a certain length in order to qualify as a pile fabric. We note, however, that in situations where the fabric has been knitted so tightly that in effect no loops have been created, the fabric will not qualify as a pile fabric classifiable under heading 6001, HTSUSA.


The two submitted samples are classifiable under subheading 6001.29.0000, HTSUSA, dutiable at a rate of 8 percent ad valorem. The textile quota category is 414.

The designated textile and apparel categories may be subdivided into parts. If so, the 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 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 updated weekly and is available for inspection at your local Customs office.

Due to the 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.


John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: