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NY K85107




April 22, 2004
CLA-2-60:RR:NC:TA:352 K85107

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

Mr. Garth Pauley
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of 100% polyester weft knit fabric rectangles of loop pile construction from Taiwan or China.

Dear Mr. Pauley:

In your letter dated April 9, 2004 you requested a classification ruling. The samples submitted are being returned as requested.

Three samples, identified as “No-Sew Fleece Throw”, “No-Sew Sleep Over Bag” and “Fleece Pieces”, accompanied your request for a ruling. The sample designated as “No-Sew Fleece Throw” consists of two panels of knit fabric cut to rectangular shape. Measuring 48” X 60”, each of these panels is cut from printed weft knit fabric of looped pile construction. These fabric rectangles, composed of 100% polyester, have been brushed on both surfaces and feature a dense fibrous surface. Weighing approximately 235 g/m2, the fleece fabric panels have been packed for retail sale along with instructions on how to cut and manipulate the fabric to produce a fleece blanket or throw.

Style “No-Sew Sleep Over Bag” consists of a single panel of knit fabric cut to a rectangular shape measuring 48” X 60”. The rectangle has been cut from a printed weft knit fabric of looped pile construction. Composed of 100% polyester, it features a dense fibrous surface created by brushing both sides of the fabric. This item is packed in a retail container and contains instructions on how it can be cut and combined with strips of fleece fabric to construct a “sleep over bag”.

Style “Fleeces Pieces” are rectangular strips of 100% polyester knit fabric measuring 0.95 centimeters by 29.2 centimeters. The strips are packed in a retail container containing what appears to be dozens of strips. They have been cut from dyed weft knit fabric of looped pile construction and feature a dense fibrous surface created by brushing both sides of the fabric. Your correspondence indicates that this product will be sold in conjunction with the “No-Sew Fleece Throw” and the “No-Sew Fleece Sleep Over Bag” and used in the construction of those products.

Your letter suggests that that the product designated as “No-Sew Fleece Throw” should be classifiable in subheading 6301.40.0020, Harmonized Tariff Schedules of the United States (HTS), under the provision for blankets and traveling rugs of man-made fibers, other. Further, it is your belief that the products designated as “Fleeces Pieces” and “No-Sew Fleece Sleep Over Bag” should be classified in subheading 6307.90.9989, HTS, under the provision for other made up articles, including dress patterns, other, other, other, other, other. Each of these classifications is not appropriate for the products described in their condition as imported.

Note 1 to chapter 63 states:

Subchapter 1 applies only to made up articles, of any textile fabric.

Both the classification provisions suggested for the goods before us for consideration are found in subchapter I of chapter 63. Consequently, the goods that are the subject of this ruling may be classified as suggested only if they are considered both “made up” articles and are formed from textile fabrics. While there is no doubt that each of the items is of a textile fabric, it appears that none of these items would be considered ma-up articles.

Note 7 to Section 11 states:

For the purposes of this section, the expression “made up” means:
cut otherwise than into square or rectangles;

Produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, tablecloths, blankets);

Hemmed or with rolled edges, or with knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unraveling by whipping or by other simple means;

Cut to size and having undergone a process of drawn thread work;

Assembled by sewing, gumming or otherwise (other than piece goods consisting of two or more lengths of identical material joined end to end and piece goods composed of two or more textiles assembled in layers, whether or not padded); or

Knitted or crocheted to shape, whether presented as separate items or in the form of a number of items in the length.

Since all of the items before us for consideration do not meet the requirements to be considered “made up” within the meaning of Note 7 to Section 11, they cannot be classified in subchapter 1 to chapter 63 and remain fabric for classification purposes under the HTS.

The applicable subheading for the three items designated as “Fleeces Pieces”, “No-Sew Fleece Throw” and “No-Sew Fleece Sleep Over Bag” will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” and terry fabrics, looped pile fabrics, of man-made fibers. The duty rate will be 17.2 percent ad valorem.

All three fabric panels falls within textile category designation 224. Based upon international textile trade agreements products of Taiwan and China are subject to quota and the requirement of a visa.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Sincerely,

Robert B. Swierupski
Director,

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