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NY I87200

October 10, 2002

CLA-2-60:RR:NC:TA:352 I87200


TARIFF NO.: 6001.22.0000

Mr. Steve Burkhart
International Service Group, Inc.
301 E. Grand
South San Francisco, CA 94080

RE: The tariff classification of a laminated fabric from Japan.

Dear Mr. Burkhart:

In your letter dated October 7, 2002, on behalf of your client Mountain Hardwear, Inc., you requested a classification ruling.

The submitted sample, designated as style GEL9902-FL, is a laminated fabric consisting of a woven fabric bonded to a weft knit fabric of loop pile construction. The woven portion of this product is a dyed 2 X 1 twill woven fabric composed of 100% filament nylon. It contains 86.6 single yarns per centimeter in the warp and 68.5 single yarns per centimeter in the filling. This woven fabric is manufactured with 40 denier filament nylon yarns in both the warp and the filling. The knit portion of this fabric is a dyed 100% polyester weft knit fabric of loop pile construction. The inserted loop pile yarns are composed of 100% polyester and have been brushed creating a dense fibrous surface. The two fabrics (the twill woven fabric and the knit pile fabric) are laminated together by use of a polyurethane adhesive forming a bonded fabric. The polyurethane plastic that bonds the fabrics together is not visible in cross section. This laminated fabric weighs 266.9 g/m2 and will be imported in132 centimeter widths.

Your correspondence suggests that you believe this product should be classifiable as a fabric coated covered or laminated with plastic in heading 5903. This is not the case. Note 1 to chapter 60 states:

This chapter does not cover:

Crochet lace of heading 5804;

Labels badges or similar articles, knitted or crocheted, of heading 5807; or

Knitted or crocheted fabrics, impregnated, coated, covered or laminated, of chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001.

Since the laminated fabric before us for consideration includes a knit pile fabric, the laminated fabric is classifiable in heading 6001 by operation of Note 1(c) to chapter 60.

The applicable subheading for the laminated fabric designated as style GEL9902-FL will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, loop pile fabrics, of man-made fibers. The duty rate will be 17.7 percent ad valorem.

This fabric falls within textile category designation 224. Based upon international textile trade agreements products of Japan are subject visa requirements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.


Robert B. Swierupski

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