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NY J84297

May 23, 2003

CLA-2-60:RR:NC:TA:352 J84297


TARIFF NO.: 6001.10.2000

Ms. Joan Studeny
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification, country of origin and status under the North American Free Trade Agreement (NAFTA), of knit sliver pile fabric constructed of man-made fiber from Canada; Article 509; 19 CFR 102.21(c)(2)

Dear Ms. Studeny:

In your letter dated April 1, 2001, on behalf of your client Genoit Mill, you requested a ruling on the classification, country of origin and status under the NAFTA of a knit fabric of pile construction from Canada.

The submitted sample is a circular weft knit fabric of pile construction. It is manufactured by inserting 100% modacrylic fiber sliver into the loops of a polyester knit ground fabric during the knitting process. The base fabric is composed of 100% polyester yarns while the pile is composed of 100% modacrylic fiber. Overall this fabric is composed of 80% modacrylic and 20% polyester. Although not expressly stated, it is assumed that this product will be imported in widths exceeding 30 centimeters.

The manufacturing operations for the weft knit pile fabric are as follows:

1. Modacrylic fibers are extruded in Japan and cut to appropriate length forming staple modacrylic fiber.

2. The staple modacrylic fiber is imported into Canada.

3. After blending the modacrylic fiber is carded and the sliver product produced is incorporated into a circular knit fabric as a sliver pile. The ground fabric is made from polyester yarns that are wholly produced in Canada.

4. The fabric is finished in Canada including processes such as shearing and polishing.

The applicable tariff provision for the knit pile fabric will be 6001.10.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, “long pile” fabrics, of man-made fibers. The general rate of duty will be 17.4 percent ad valorem.


On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.

Paragraph (c)(2) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:"

Paragraph (e) in pertinent part states that "The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section":

HTSUS Tariff shift and/or other requirements

6001-6006 (1) Except for fabrics of wool or of fine animal hair, a change from greige fabric of heading 6001 through 6006, to finished fabric of heading 6001 to 6006 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or

(2) If the country of origin cannot be determined under paragraph (1) of this entry, a change to heading 6001 through 6006 from any heading outside that group, provided the change is the result of a fabric making process.

The Japanese produced modacrylic staple fiber which is classifiable in subheading 5503.30, HTS, is incorporated into the knit pile fabric classifiable in heading 6001. As the knit sliver pile fabric is formed by a fabric-making process in a single country, that is, Canada, as per the terms of the tariff shift or other requirement specified for this product in paragraph (e), country of origin is conferred in Canada.


The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/60, HTSUSA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.


Robert B. Swierupski

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