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HQ 953941

May 7, 1993

CLA-2 CO:R:C:T 953941 SK


TARIFF: 6001.29.0000

Mr. Sooseong Park
Lee Company
137 Eucalyptus Drive
El Segundo, CA 90245

RE: Revocation of HRL 952804 (1/28/93); knit fabric with laid-in metalized strips and Mylar sequins; classification of knit pile fabric (uncut) under heading 6001; not 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. Park:

On January 28, 1993, this office issued you Headquarters Ruling Letter (HRL) 952804 which classified two samples of knit fabric with laid-in metalized strips and Mylar sequins as "other knitted fabric of man-made fibers" under heading 6002 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Upon review, HRL 952804 is determined to be in error.


At issue are two nylon jersey knitted fabrics which are identical except for color. The fabrics have laid-in metalized strips which are approximately 0.5 millimeters in width and when 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 material, 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. The fabrics have metalized Mylar circular dots, 6 millimeters in diameter, attached by means of an adhesive.


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 fabrics at issue are not constructed in the same way as traditional terry-knit material does not exclude them from heading 6001, HTSUSA, as the constructions described in the EN are examples and not exhaustive listings.

As set forth in 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 manner in which the fabrics at issue are knitted is such 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.

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 fabrics at issue meet 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.

And lastly, we note that Customs erroneously concluded in HRL 952804 that woven warp pile fabrics (uncut) were not provided for in heading 5801, HTSUSA, because they were not specifically cited as included in this heading by Note 2 to Chapter 58 which reads,

"Heading 5801 also includes woven weft pile fabrics which have not yet had the floats cut, at which stage they have no pile standing up."

This office interpreted the above language to mean that "the fact that the HTSUSA provides a limited exception [for uncut woven
weft pile fabrics] is a clear statement by the drafters that all other uncut pile-to-be fabrics which do not have protruding yarns were not intended to be classifiable under the provisions for pile fabrics."

This office is now of the opinion that as uncut woven warp pile fabrics are specifically provided for in subheading 5801.34, HTSUSA, we are unwilling to preclude classification of the subject merchandise from heading 5801, HTSUSA, on the basis of the legal note's failure to explicitly provide for these types fabrics; the language of the subheading is controlling.

Heading 6001 is the knit pile fabric corollary to heading 5801, HTSUSA. Accordingly, we extend a similar scope to heading 6001, HTSUSA, and deem uncut knit warp pile fabrics as classifiable within this heading providing the fabric also meets the prerequisites set forth in the EN, as discussed supra.


HRL 952804 is revoked.

The subject merchandise in HRL 952804 is 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.

In order to ensure uniformity in Customs' classification of this merchandise and eliminate uncertainty, pursuant to section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1), HRL 952804 is revoked to reflect the above classification effective with the date of this letter.

This revocation is not retroactive. However, HRL 952804 will not be valid for importations of the subject merchandise arriving in the United States after the date of this notice. We recognize that pending transactions may be adversely affected (i.e., merchandise previously ordered and arriving in the United States subsequent to this revocation will be classified accordingly). If it can be shown that you relied on HRL 952804 ruling to your detriment, you may apply to this office for relief. However, you should be aware that in some instances involving import restraints, such relief may require separate approvals from other agencies.


John Durant, Director

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