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HQ 960300




December 9, 1997

CLA-2 RR:TC:TE 960300 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0040

Ms. Gail Hagans
Atlanta Customs Brokers & International Freight Forwarders, Inc. 650 Atlanta South Parkway, Suite 250
Atlanta, Ga. 30349

RE: Request for reconsideration of NY B80727; laminated textile fabrics; heading 5903; knitted pile fabric; heading 6001; woven metalized surface; heading 5806; GRI 1; Note 1, Chapter 60

Dear Ms. Hagans:

This is in reply to your letter of February 4, 1997, on behalf of your client, Craig Bachman Imports, Inc., requesting reconsideration of New York Ruling Letter (NY) B80727, dated December 19, 1996, addressing the classification of ribbon in heading 6001, Harmonized Tariff Schedule of the United States (HTSUS). A sample of the subject ribbon was submitted for examination.

FACTS:

The ribbon at issue is approximately two inches wide and consists of two fabrics, a polyester knit pile and a gold metallic woven fabric, laminated together by means of an adhesive. The ribbon has two wired edges made fast with gold metallic strips. Based on the submitted sample, it is estimated that the weight of the knit pile fabric layer is less than 271 grams per square meter. We assume the ribbon is imported in continuous lengths.

The ribbon was classified under subheading 6001.92.0040, HTSUSA, which provides for, pile fabrics, including "long pile" fabrics and terry fabrics, knitted or crocheted: other: of man-made fibers: other: other. Although you agree with the classification of this merchandise at the heading level, 6001, HTSUS, in your opinion the classification at the subheading level is incorrect. You propose that the correct classification for this ribbon is in subheading 6001.99.9000, HTSUSA, which provides for pile fabrics, including "long pile" fabrics and terry fabrics, knitted or crocheted: other: of other textile materials: other. You propose this classification because of the fact that the ribbon is more than 50 percent metallic by its construction. That is, as you state, the metallic is on the backside of the ribbon, aids in the completion of the makeup of the ribbon and it can be seen from the pile side as well as the backside of the ribbon.

ISSUE:

Whether the subject merchandise is properly classified in subheading 6001.92.0040, HTSUSA, or subheading 6001.99.9000, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the 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 and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI's will be applied, in the order of their appearance. The laminated fabrics in this case consist of a knitted pile fabric classifiable under heading 6001, HTSUS, on one side and a woven metalized fabric classifiable under heading 5806, HTSUS, (which provides for, among other things, narrow woven fabrics) on the other side.

Note 1 to chapter 59 states, in pertinent part:

Except where the context otherwise requires, for the purposes of this chapter the expression "textile fabrics" applies only to the woven fabrics of chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted or crocheted fabrics of heading 6002.

Note 1 to Chapter 60 provides further guidance in determining under which heading to classify the laminated knitted pile and nonpile fabrics. It provides in relevant part:

1. This chapter does not cover:

(c) 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.

A Dictionary of Textile Terms, (13th Edition 1980) defines "laminated" as follows:

Term used to describe fabrics which have been joined together in a permanent bond either with foam, or some other material, by use of adhesives, the foam itself, heat, or chemical bonding agents. Often the fabric is bonded directly to the foam in a foam-fabric package.

In this case, a nonpile and pile fabric are laminated/joined together. You argue that the ribbon should be classified in the subheading which provides for "other textile materials" because the ribbon is 50 percent more metallic by its construction.

It is Customs opinion that in the case of the subject composite good consisting of materials that are classifiable under two or more headings, the merchandise can be correctly classified in accordance with GRI 1 and the applicable legal notes. As such, resort to GRI 3 is unnecessary. Note 1(c) to Chapter 60 states that knitted pile fabrics which are laminated remain classifiable in heading 6001. The note provides no limitation regarding what other material(s) might be laminated with the knitted pile fabrics. Customs interpretation of Note 1(c) to Chapter 60 means, in effect, that multilayered materials which contain both pile fabric and nonpile fabric, as in the case of the subject merchandise, are precluded from classification in heading 5903, HTSUS, by operation of that note. Accordingly, as only the pile fabric is being examined, it is the fiber content of the pile fabric which determines the classification of this merchandise. Thus, the subject merchandise was properly classified in NY B80727 in heading 6001, HTSUS, as per the interpretation of Note 1(c), Chapter 60, HTSUS.

HOLDING:

The subject ribbon is properly classified in subheading 6001.92.0040, HTSUSA, which provides for, pile fabrics, including "long pile" fabrics and terry fabrics, knitted or crocheted: other: of man-made fibers: other: other. The applicable rate of duty is 18.8 percent ad valorem and the quota category is 224.

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.

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

Sincerely,

John Durant, Director
Commercial Rulings Division


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