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NY L83717




April 22, 2005

CLA-2-60:RR:NC:TA:352 L83717

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

Ms. Pam Escarre
Marisol International
1255-A Lynnfield Road, Suite 257
Memphis, TN 38119

RE: The tariff classification of a bonded fabric consisting of a dyed brushed warp knit face fabric laminated to a bleached weft knit backing fabric of looped pile construction from China.

Dear Ms. Escarre:

In your letter dated March 31, 2005, on behalf of your client Aadvantage International Fabrics, you requested a classification ruling.

The submitted sample, designated as style “Mustang”, is a bonded fabric consisting of a dyed 100% polyester warp knit face fabric laminated to a bleached polyester/acrylic blend weft knit backing fabric of looped pile construction. The two fabrics are laminated together by means of a layer of cellular plastic. The face fabric, weighing 130 g/m2, has been dyed and is characterized by a dense fibrous surface that has been created by brushing. The surface also features a dimpled effect that results from being laminated to the pile backing fabric. The backing fabric is a bleached product whose looped pile surface has been brushed. Weighing 300 g/m2, this component both supports and reinforces the face fabric as well as providing a cushioning effect. Imported in 142 centimeter widths, the weight of the bonded fabric including the face fabric, the backing fabric and the polyurethane foam is 460 g/m2. Your letter indicates that this product will be used as an upholstery fabric.

Your correspondence suggests that you believe that this item is classifiable in subheading 6005.32.0080, HTS, under the provision for warp knit fabric, other than those of headings 6001 to 6004, of synthetic fibers dyed, other, other. Classification in this provision is not appropriate. Note 1 to chapter 60 states in part that:

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 classifiable in heading 6001.

Since in the case before us we have a laminated knitted pile fabric, it remains classifiable in heading 6001, HTS, by operation of Note 1(c) to chapter 63.

Further support for this interpretation of Note 1(c) to chapter 60 may be found in Headquarters letter 959013. In this ruling several laminated fabrics, each consisting of a knit pile fabric laminated to a non-pile knit fabric, were ruled to be excluded from heading 5903, HTS, and remained classifiable in heading 6001 as a knit pile fabric. Depending on the definition of laminated contained in technical dictionaries, the ruling concluded that fabrics bonded together met the definition of laminated. Further, it stated that:

Customs interpretation of Note 1(c) to Chapter 60 means, in effect, that multilayered materials which contain both pile fabric and nonpile fabric are precluded from classification in heading 5903 by operation of that note Note 1(c) to Chapter 60 states 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.

The case before us for consideration parallels the case in Headquarter letter 959013. The fabric known as “Mustang” has a pile fabric and a non-pile fabric that have been laminated together. Further, Headquarters interpretation of the term laminated includes fabrics bonded together. Consequently, based on Note 1(c) to Chapter 60 and it interpretation in HQ 959013, the laminated fabric “Mustang” remains classifiable in heading 6001.

The applicable subheading for the bonded fabric designated as style “Mustang” will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The duty rate will be 17.2 percent ad valorem.

This product falls within textile category designation 224. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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