United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2004 HQ Rulings > HQ 967116 - HQ 967223 > HQ 967133

Previous Ruling Next Ruling
HQ 967133




June 30, 2004

CLA-2: RR:CR:TE: 967133 BtB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050, 6101.30.2010

Mr. J.M. (Mike) Abrahams
Phil Patterson, Corp.
4214 Fleur Drive
Suite 11
Des Moines, IA 50321

RE: Reconsideration of New York Ruling Letter (NY) J85270, dated November 18, 2003; classification of men’s knit garments from China and Taiwan

Dear Mr. Abrahams:

This is in response to your letter to the Bureau of Customs and Border Protection (CBP) received May 20, 2004 on behalf of your client, Boyt Harness Co., in which you request reconsideration of NY J85270, dated November 18, 2003, concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of a men’s knit pullover and a men’s knit jacket.

FACTS:

The men’s knit pullover is identified as Style HU216 and is constructed from a laminated fabric consisting of an inner and an outer layer of 100 percent polyester, finely knit, brushed pile fabric with a middle layer of a polyurethane membrane. Style HU216 features a rib knit neckband; a partial front opening with three button closures; long sleeves with rib knit cuffs; a half moon at the rear neckline; overlays on the shoulders and elbows; and a rib knit bottom.

The men’s knit jacket is identified as Style HU217 and is constructed from a laminated fabric consisting of an inner and an outer layer of 100 percent polyester, finely knit, brushed pile fabric with a middle layer of a polyurethane membrane. Style HU217 features a rib knit neckband; a full front opening with a zippered closure; long sleeves with rib knit cuffs; zippered side seam pockets below the waist; a half moon at the rear neckline; overlays on the shoulders and elbows; and a rib knit bottom.

Fabric swatches from Style HU216 and Style HU217 were received with the initial ruling request and were sent to the New York office of CBP’s Laboratories and Scientific Services to determine whether the fabric was of knit pile construction. The New York CBP Laboratory found both swatches to consist of “weft knit sinker loop type pile construction.” Based on the New York CBP Laboratory analysis of the swatches, the National Commodity Specialist Division (NCSD) issued NY J85270 in which it classified Style HU216 in subheading 6110.30.3050, HTSUSA, which provides for “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other, Other: Other: Men’s or boys’;” and Style HU217 in subheading 6101.30.2010, HTSUSA, which provides for “Men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: Of man-made fibers: Other: Other, Men’s.” In NY J85270, we noted that “[f]ollowing Chapter 60, Note 1 (c), the fabric is not considered a fabric of heading 5903 because it is of knit pile construction. Consequently, heading 6113 does not apply [to the garments].”

After the issuance of NY J85270, the NCSD was informed that the Chicago CBP Laboratory had previously analyzed a sample of Style HU216 in May 2003 and found that “each fabric of the outer shell material does not have characteristics of knit pile fabric construction.” Based on the Chicago CBP Laboratory analysis, the Port of Chicago had been classifying Style HU216 in subheading 6113.00.9084, HTSUSA, which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Other: Other: Other: Men’s or boys’.”

After the NCSD learned of the differing analyses, the Chicago CBP Laboratory re-analyzed Style HU216 and found, consistent with the New York CBP Laboratory analysis of the fabric swatches, that “each fabric of the outer shell material [of Style HU216] does have the characteristics of weft knit pile fabric of the extended sinker loop type.”

ISSUE:

Whether Style HU216 and Style HU217 are classified in subheading 6113.00.9084, HTSUSA, or under subheading 6110.30.3050, HTSUSA, and subheading 6101.30.2010, HTSUSA, respectively?

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides, in part, that classification decisions are to be "determined according to the terms of the headings and any relative section or chapter notes." In the event that goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level (for the 4 digit headings and the 6 digit subheadings) and facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI. While neither legally binding nor dispositive of classification issues, the EN provide commentary on the scope of each heading of the HTSUSA and are generally indicative of the proper interpretation of the headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).

Classification in this case depends on whether Style HU216 and Style HU217 are composed of knit pile fabrics. Chapter 60, Note 1 (c), HTSUSA, states:

This chapter does not cover: 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. [Emphasis added.]

If the fabric of Style HU216 and Style HU217 is knit pile fabric, it is classifiable in heading 6001, HTSUSA, which provides for “Pile fabrics, including ‘long pile’ fabrics and terry fabrics, knitted or crocheted.” Style HU216 and Style HU217, if found to be garments composed of pile fabric, would be classifiable under heading 6110, HTSUSA and heading 6101, HTSUSA, respectively. However, if the fabric is not knit pile, it is classifiable in heading 5903, which provides for “Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902.” Style HU216 and Style HU217 would in that case be classifiable under heading 6113, HTSUSA.

While definitions of “pile fabric” are not readily apparent in the HTSUSA or in prior rulings, we generally regard pile-surface fabrics to be structures formed by any one of a variety of techniques which utilize three sets of yarns. The warp and filling yarns are the ground (or base) yarns and an additional set of yarns is introduced into the warp or filling yarns of a woven or knit fabric to form the pile or loop surface. See Understanding Fabrics: From Fiber to Finished Cloth (1982), p. 89.

In your letter, you state your belief that the fabric of Style HU216 and Style HU217 does not have the additional set of yarns that forms the pile or loop surface (what you refer to as “a separately identifiable yarn”). You also contend that the fabric of Style HU216 and Style HU217 is properly identified as a “napped fabric” that has been brushed rather than pile fabric.

The New York and Chicago CBP Laboratories have found the fabric of Style HU216 to be of weft knit sinker loop type pile construction. The New York CBP Laboratory has also found the fabric of HU217 to be of weft knit sinker loop type pile construction. The latest analyses by both CBP Laboratories shows that the fabric of HU216 and HU217 does have an additional set of yarns that forms the pile or loop surface. We recognize “nap” to be “a downy surface given to a cloth when part of the fiber is raised from the basic structure.” See The Dictionary of Fiber & Textile Technology (1999), p. 126. While we agree that the fabric has a high nap surface, we do not agree that the fabric is merely a flat knit that achieves its surface through a brushing process. Such a high nap surface would be difficult to obtain with a mere brushing process on a flat knit fabric. However, with the separate extended loop of yarn that the instant fabric possesses, the brushing is performed on the extended loop rather than on the fabric itself, thereby enabling the creation of a higher, denser brushed pile surface. Based on the CBP Laboratory analyses, we find that the fabric of HU216 and HU217 is knit pile fabric. We, therefore, find that Style HU216 and Style HU217, as garments composed of the knit pile fabric, are classifiable under heading 6110, HTSUSA and heading 6101, HTSUSA, respectively.

It is well settled that the methods of weighing, measuring, and testing merchandise used by customs officers and the results obtained are presumed to be correct. United States v. Gage Bros., 1 Ct. Cust. Appls. 439, T.D. 31503; Draper & Co., Inc. v. United States, 28 Cust. Ct. 136, C.D. 1400. However, this presumption may be rebutted by showing that such methods or results are erroneous. Sears, Roebuck & Co. v. United States, 3 Ct. Cust. Appls. 447, T.D. 33035; Gertzen & Co. v. United States, 12 Ct. Cust. Appls. 499, T.D. 40697; Pastene & Co., Inc. v. United States, 34 Cust. Ct. 52, C.D. 1677. While you have stated your beliefs regarding the fabric of the Style HU216 and Style HU217, you have not submitted any evidence to contradict CBP’s Laboratory findings or to show that its test methods were erroneous. Accordingly, we find that Style HU216 and Style HU217 were correctly classified in NY J85270.

HOLDING:

NY J85270, dated November 18, 2003, is hereby affirmed.

Style HU216 is classified in subheading 6110.30.3050, HTSUSA, which provides for “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other, Other: Other: Men’s or boys’.” The general column one rate of duty is 32 per cent ad valorem. Style HU217 is classified in subheading 6101.30.2010, HTSUSA, which provides for “Men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: Of man-made fibers: Other: Other, Men’s.” The general column one rate of duty is 28.2 percent ad valorem. Style HU216 falls within textile category 638. Style HU217 falls within textile category 634

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 your client check, close to the time of shipment, the Textile Status Report for Absolute Quotas which is available on the CBP website at www.cbp.gov.

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

Sincerely,

Myles B. Harmon, Director

Previous Ruling Next Ruling

See also: