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HQ 964254

June 23, 2000

CLA-2 RR:CR:TE 964254 SS


TARIFF: 5407, 5513, 6206, 6211

Teodoro C. Tiongson, Trade Officer
Embassy of the Philippines
Philippine Trade and Investment Center
1600 Massachusetts Avenue, N.W.
Washington, D.C. 20036

RE: Classification of Electric-Pleated Polyester Fabrics; Woven Fabrics; Heading 5407, HTSUSA; Heading 5512, HTSUSA; Not Knitted Fabrics; Not Chapter 60, HTSUSA; Classification of Women’s Woven Blouses; Heading 6206, HTSUSA; Heading 6211, HTSUSA

Dear Mr. Tiongson:

This letter is in response to your request dated June 5, 2000, addressed to the Office of Strategic Trade, in which you requested a determination as to whether certain swatches of electric-pleated polyester fabrics were knitted or woven. Four samples of fabric were submitted with your request.


The submitted samples consist of four swatches of woven polyester fabrics. Pleats have been electrically formed in the fabrics. The pleats form different patterns or designs on each of the samples. In your letter you indicated that the instant fabrics will be used to make women’s blouses. It is our understanding that your only concern is whether or not Customs will consider the fabrics to be woven or knitted.


What is the proper classification for the polyester fabrics? What is the proper classification for women’s woven blouses made with the instant polyester fabrics?


Classification of goods under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (“GRIs”). GRI 1 provides that classification shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI.

The EN to Chapter 60, HTSUSA, explain that woven fabric is manufactured by interlacing warp and weft threads while knitted fabric is manufactured by the production of a series of interlinking loops. Furthermore, knit fabric has been defined as a structure produced by interlooping one or more ends of yarn or comparable material. Dictionary of Fiber and Textile Technology 85 (1990). The term “woven fabric” is generally used to refer to fabric composed of two sets of yarns, warp and filling, that is formed by weaving, which is the interlacing of these sets of yarns. Dictionary of Fiber and Textile Technology 180 (1990). Upon examination of the instant fabrics, we were unable to discern any loops and noted a standard woven appearance. Accordingly, we find that the instant fabrics are woven fabrics. The presence of the pleats which have been electrically formed in the fabrics do not convert the woven fabrics to knit fabrics.

Heading 5407, HTSUSA, provides for, among other things, woven fabric of synthetic filament yarn. Heading 5512, HTSUSA, provides for, among other things, woven fabric of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers. Upon examination of the instant fabrics, we believe the fabrics to be constructed of filament yarn. However, without further information from the importer or submitting the matter to the Customs Laboratory, we are unable to provide classification beyond the heading level. Furthermore, classification may be affected if the fabrics are not made entirely of polyester.

Women’s blouses constructed from the instant woven fabrics would be classified in Chapter 62, HTSUSA, which covers, among other things, articles of apparel, not knitted or crocheted. We note that women’s woven blouses are potentially classifiable under two headings: heading 6206, HTSUSA, which provides for, inter alia, women’s blouses, and heading 6211, HTSUSA, which provides for, inter alia, other women’s garments. If you are interested in obtaining binding classification rulings on the blouses, we suggest that you submit samples along with a request which meets the requirements of 19 C.F.R. §177.2 to:

Director, National Commodity Specialist Division U.S. Customs
Attn: Classification Ruling Requests
New York, New York 10048


The four submitted samples of electric-pleated polyester fabrics are woven fabrics. Woven polyester fabrics are classified under heading 5407, HTSUSA, or 5512, HTSUSA, depending on the type of yarn used in constructing the fabric. Woven blouses are classified in Chapter 62, HTSUSA.

Please do not hesitate to contact Shari Suzuki, of this office at (202) 927-2339, if you have any further questions.


John Durant, Director
Commercial Rulings Division

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