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August 6, 1999

CLA-2-60:RR:NC:TA:350 E84017

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

Mr. Paul S. Anderson
Sonnenberg & Anderson
200 South Wacker Drive
38th floor
Chicago, Illinois 60606

RE: The tariff classification of disposable diaper material of a warp knit looped fabric laminated with a printed olefin plastic film, from France.

Dear Mr. Anderson:

In your letter dated June 22, 1999 and subsequent fax of June 30th, on behalf of Aplix Inc., Charlotte, NC, you requested a tariff classification ruling.

You submitted a sample and write that the material is a laminated warp knit loop fabric. The merchandise is further described as a warp knit loop fabric made entirely of nylon on a three-bar warp knitting machine and that no post-knitting processes are performed on the subject merchandise. The loops are only on one side of the fabric. A clear polypropylene / polyethylene plastic film, which has been printed with child related themes and the brand name of a particular diaper product, is laminated to the opposite or plain side of the knit.

The respective weights of the components are given as follows:

Knit pile 28 g/m² to 40 g/m²
Plastic film 20 g/m²
Adhesive, polyurethane 4.7 g/m²

The material will be imported in roll form, in widths ranging from 140 mm to 260 mm wide, and used to make disposable diapers.

It is your opinion that the subject merchandise is classifiable under subheading 5903.90.2500 as a textile fabric laminated with plastic, other than PVC or PU. In addition to listing the relevant HTSUS heading/subheading provisions for 5903, you also cite three Headquarters ruling letters (HRL’s 960548, 959801 and 960783) to back your position. Further, you furnish a ruling Societe Aplix received from French Customs classifying the good under 5903.90 99 90. The first six digits are at the international level.

The three different fabrics of the referred-to Headquarters Rulings are distinguished from the subject fabric in that they were all heavily brushed subsequent to the knitting operation. This brushing was to a degree that made it difficult to recognize that the fabric was initially of a knit construction. This is not the situation with the subject fabric in which you state that no post knitting procedure was performed on the subject merchandise.

The French document simply describes the textile portion as knit fabric (Etoffe de bonneterie) without any reference to the type of construction, e.g., warp knit (de bonneterie-chaîne). The description continues with reference to synthetic fibers and the face being covered with a polypropylene film printed with decorative motifs.

We fully agree with your description on the construction of the textile, that it is a warp knit loop fabric and that no post-knitting processes were performed on the material. The material, by its construction, is considered to be a looped pile fabric of man-made fibers. Such a fabric, solely, is considered classifiable under HTS subheading 6001.22.0000.

Chapter 59 note 1 reads:

1. 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.

It is specific that the fabrics of heading 6001 are not included in this group, thus excluded from consideration within this chapter. Further, Chapter 60 note 1. (c) reads:

Notes

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.

This note directs that coated or laminated pile fabrics remain classifiable in heading 6001. The notes of chapters 59 and 60 are in harmony.

The applicable subheading for this plastic laminated pile diaper material will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for looped pile fabrics of man-made fibers. The rate of duty will be 18.4 percent ad valorem.

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 George Barth at 212-637-7085 or Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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