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HQ 952803


January 28, 1993

CLA-2 CO:R:C:T 952803 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.93.0080

Ms. Saralee Antrim-Saizan
Carmichael International Service
256 West Ivy Avenue
Inglewood, AC. 90302-3394

RE: Classification of knit fabrics with laid-in polyester strips and plastic sequins--Held not pile fabrics and not covered or coated with plastics

Dear Ms. Antrim-Saizan:

This is in reply to your letter of October 19, 1992, on behalf of L. A. Fabric Import, concerning the classification of a sample fabric. Our ruling on the matter follows.

FACTS:

The sample fabric is described by our National Import Specialist as follows:

. . . a sample of a nylon jersey knitted fabric. It has laid-in polyester strips which are approximately 0.5 mm in width. If 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 materials, and they protrude slightly from the fabric surface. The fabric has plastic circular dots 6 mm in diameter. These dots give the appearance of sequins covering the fabric. They appear to have been attached by means of an adhesive. They are evenly spaced, separated from each other by approximately 2 mm in both the warp and the weft directions, and present a uniform geometric pattern on the fabric surface.

The "loops" described by the National Import Specialist are, in actuality, loose floats.

The merchandise at issue is described in the inquiry as follows:

. . . "American Knit with Spangles", Design No. NE-3019. It is constructed of 100% 70D nylon with metallized polyester film fibers woven throughout and small plastic disks measuring 1/4 inch glued onto the surface. It is imported in bolts of 44/45" widths. The fabric is being produced in Korea by Tongkook Corporation for importation through the port of Los Angeles/Long Beach.

ISSUE:

The primary issued presented is whether the sample is classifiable as a knit pile fabric under heading 6001, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), or as an other knit fabric in under heading 6002, HTSUS. If it is determined that the fabric is not classifiable as a pile fabric, then an ancillary issue arises--is the fabric classifiable as a fabric coated or covered with plastics, under heading 5903, HTSUS.

LAW AND ANALYSIS:

This same issue was the subject of a ruling HQ 952804, decided this same date, copy enclosed. The merchandise which was the subject of that ruling is essentially the same merchandise as the instant merchandise. Accordingly, the LAW AND ANALYSIS section of that ruling is incorporated herein by reference.

HOLDING:

The subject fabrics, when imported in material lengths, are classifiable under the provision for other knitted fabrics of man- made fibers, in subheading 6002.93.0080, HTSUSA, textile restraint category 222, with duty, as a product of South Korea, at the 1993 rate of 14 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, 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 that 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 available for inspection at your local Customs office.

Sincerely,

John Durant, Director

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