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HQ 961437




April 21, 1998
CLA-2 RR:TC:TE 961437 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.49.0000

Mr. Shanta Athalage
Excelhigh Inc.
47 W. 34th Street, #954
New York, NY 10001

RE: Request for reconsideration of NY B88406; classification of stitch-bonded coir erosion control mats

Dear Mr. Athalage:

This is in reply to your letter, dated October 14, 1997, requesting reconsideration of New York ruling letter (NY) B88406, wherein what was referenced to as "stitch bonded jute erosion control blankets" were classified in heading 6002, Harmonized Tariff Schedule of the United States (HTSUS). You state in your letter, a copy of which you forwarded to your broker, to whom the original ruling was addressed, that there is a difference in the fiber composition of the actual merchandise submitted and the fiber composition of the same merchandise referenced in NY B88406. As such, you request that NY B88406 be reconsidered.

FACTS:

The subject merchandise consists of two samples which are basically the same, except for slightly different constructions; both types are used as erosion control blankets and come in either 2 or 2.4 meter wide rolls of 50 meter lengths. The subject merchandise is composed of processed, but not spun, coconut (coir) fibers that have been made into a needled felt mat which is further structurally enhanced by a stitch bonding manufacturing operation.

In one mat a fine one quarter inch open mesh plastic (PP) grid is placed on one surface. The material is then stitched bonded (chain stitched) with a textile yarn of unidentified fibers. The second needled mat has a one inch mesh of a loosely woven leno fabric, of what appears to be vegetable fiber yarns, placed on each surface. The leno fabrics and coir mat are then stitched bonded (chain stitched) using the same type of vegetable fiber yarns.

In NY B88406 it was erroneously stated that the fibers of the subject merchandise was composed of "jute fibers". As we have corrected above, the subject merchandise is composed of "coir fibers". All other information remains the same.

ISSUE:

What is the proper classification of the subject merchandise?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI.

Chapter 56, HTSUS, provides for, among other things, wadding, felt and nonwovens. Chapter 56, HTSUS, note 2, states:

The term "felt" includes needleloom felt and fabrics consisting of a web of textile fibres the cohesion of which has been enhanced by a stitch-bonding process using fibres from the web itself.

The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to the same heading state:

This heading also covers those stitch-bonded fabrics the essential feature of which is that they consist of a web of textile fibres the cohesion of which has been enhanced by picking up fibres from the web itself, and not by means of textile yarns. The fibres are drawn by needles through the web, and form on the surface rows of chain stitches. Some of these fabrics may have a pile surface (whether or not cut) and may be reinforced by a ground of textile or other material. The stitch-bonding knitting process is described in the General Explanatory Note to Chapter 60.

It is clear from the wording of both the chapter note and the EN to that same heading that in referring to the "stitch bonding" process, the cohesion of the textile fibres (in web form) must be as a result of picking up the fibres from the web itself, and not by means of textile yarns. As this is not the case with the subject merchandise, we are further referenced to the stitch-bonding knitting process described in Chapter 60.

Chapter 60, HTSUS, provides for knitted or crocheted fabrics. General Note (A)(II)(1), in the EN for chapter 60 states:

This Chapter covers textile fabrics which are manufactured, not like woven fabrics by interlacing warp and weft threads, but by the production of a series of interlinking loops. In general, these goods comprise:

(A) Knitted fabrics (weft knits and warp knits)

(II) Warp knits consist of a number of threads running in the direction of the warp (i.e., along the length of the fabric) each thread forming loops interlocking alternatively with loops in rows to the left and right. The loops in warp knits usually appear to be across the width of the fabric. In certain warp knitted fabrics the warp threads are in two series running diagonally in opposite directions to and from across the fabric. These fabrics do not "ladder". If a small square is cut from a warp knit fabric, yarns cannot easily be pulled from any side; when yarns can be pulled from the sample, they pull out in the warp direction (at right angles to the apparent rows of loops).

The warp knits further include:

(1) Stitch-bonded goods, provided they have chain stitches formed by textile yarn.

The stitch-bonding process uses a machine similar to a warp knitting machine which operates with pointed, open-hooked needles (sliding needles) and heald wire. These needles make it possible to form stitches with textile yarns which produce fabrics from a web of textile fibres or one or more layers of textile yarns, or from a ground of, for example, a woven fabric or a sheet of plastics. In some cases, the stitches may form or fix a pile (whether or not cut)...

The warp knits further include:

(1) Stitch-bonded goods, provided they have chain stitches formed by textile yarn.

The stitch-bonding process uses a machine similar to a warp knitting machine which operates with pointed, open-hooked needles (sliding needles) and heald wire. These needles make it possible to form stitches with textile yarns which produce fabrics from a web of textile fibres or one or more layers or textile yarns, or from a ground of, for example, a woven fabric or a sheet of plastics. In some cases, the stitches may form or fix a pile (whether or not cut). Quilted products assembled by stitch-bonding are excluded (heading 58.11).

As the subject merchandise consists of stitch-bonded goods featuring chain stitches formed by textile yarn, the terms of chapter 60, General Note (A)(II)(1) are met. Although you correctly note that NY B88406 incorrectly referred to the fibers of the mat as being of jute fibers instead of coir, this does not make a difference in the classification of this merchandise. Jute and coir are both vegetable fibers and as such, for tariff purposes, the classification remains the same. Accordingly, the subject merchandise was properly classified in subheading 6002.49.0000, HTSUSA.

HOLDING:

The subject merchandise is properly classified in subheading 6002.49.0000, HTSUSA, which provides for other knitted or crocheted fabrics: other fabrics, warp knit (including those made on galloon knitting machines): other. The applicable rate of duty is 12.4 percent ad valorem and the quota category is 899.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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 importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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