HQ 085009: Reconsideration of NYRL 833601 of January 13, 1989

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                    HQ 085009

                               September 26, 1989


      CLA-2 CO:R:C:G  085009  CMR  841244

      CATEGORY: Classification

      TARIFF NO.: 6001.22.0000

      Mr. Leonard Pasternak
      Components Corporation of America
      9351 Sea Turtle Manor Road
      Plantation, Florida  33324

      RE: Reconsideration of NYRL 833601 of January 13, 1989

      Dear Mr. Pasternak:

           This ruling is in response to your letter of May 4, 1989, and
      subsequent letter received by Customs on May 18, 1989, requesting
      reconsideration of NYRL 833601.

      FACTS:

           NYRL 833601 dealt with the classification of two types of shoe
      insole material from Taiwan.  You have requested that Customs
      reconsider the classification of one of these items; specifically, a
      terry pile fabric of polyester man-made fiber construction that has
      been laminated to a 3.5 mm ethylene vinyl acetate (EVA) sponge
      material.  The EVA sponge material is more than 70 percent of the
      total weight of the laminated fabric.

           The laminated fabric under consideration was classified in
      subheading 6001.22.0000, HTSUSA, which provides for pile fabrics,
      including "long loop" fabrics and terry fabrics, knitted or
      crocheted, looped pile fabrics, of man-made fibers.  You have
      requested that we reconsider whether this classification is correct,
      or whether the item should be classified in subheading 3921.12,
      HTSUSA, which provides for other plates, sheets, film, foil and
      strip, of plastics, cellular, of polymers of vinyl chloride, or
      5903.90.20, HTSUSA, which provides for textile fabrics impregnated,
      coated, covered or laminated with plastics, other than those of
      heading 5902, other, of man-made fibers, other, over 70 percent by
      weight of rubber or plastics.













                                       -2-


      ISSUE:

           Was the laminated fabric at issue correctly classified in
      subheading 6001.22.0000, HTSUSA, as a man-made fiber pile fabric, or
      should it be classified, as suggested, in subheading 3921.12, HTSUSA,
      as a cellular plastics sheet, or 5903.90.20, HTSUSA, as a man-made
      fiber textile fabric laminated with plastics, other than those of
      heading 5902, of which over 70 percent by weight of the fabric is
      plastics?

      LAW AND ANALYSIS:

           Classification of products 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, and provided such
      headings or notes do not otherwise require, according to [the
      remaining GRIs taken in order]."

           Classification of this fabric turns on whether it is considered
      a pile.  The New York Customs Laboratory examined the submitted
      samples of fabric.  Their report concludes that the finished fabric
      is of looped pile construction.  Therefore, Customs will consider the
      fabric a knit pile.

           Note 2(l), Chapter 39, excludes "Goods of Section XI (textiles
      and textile articles)" from classification in Chapter 39.  The
      General Notes to Chapter 39 address the issue of plastic and textile
      combinations.  They state that "the classification of plastics and
      textile combinations is essentially governed by Note 1(h) to Section
      XI, Note 3 to Chapter 56 and Note 2 to Chapter 59."  However,
      according to the notes, "plates, sheets and strip of cellular
      plastics combined with textile fabrics, felt or nonwovens, where the
      textile is present merely for reinforcing purposes" are covered by
      Chapter 39.  In this case, the textile fabric is not present merely
      for reinforcing purposes and, therefore, the laminated fabric does
      not fall within the purview of Chapter 39.

           Chapter 59, Note 1, defines "textile fabrics" for the purposes
      of that Chapter.  The only knitted or crocheted fabrics included in
      Chapter 59 are those fabrics of heading 6002.  Since knit pile
      fabrics are classified in heading 6001, and fabrics of that heading
      are not included as "textile fabrics" for the purposes of Chapter 59,
      the knit pile fabric at issue is not classifiable in Chapter 59.

           Chapter 60, Note 1(c), states that knitted or crocheted pile
      fabrics, impregnated, coated, covered or laminated, remain classified
      in heading 6001.  Based on the note, heading 6001 covers pile
      fabrics, whether or not impregnated, coated, covered or laminated.












                                       -3-


      HOLDING:

           After reviewing the applicable provisions of the HTSUSA and in
      light of the New York Customs Laboratory report, we believe that the
      laminated fabric at issue was properly classified in NYRL 833601 of
      January 13, 1989, as a knitted or crocheted looped pile fabric of
      man-made fibers.  The fabric is classified in subheading
      6001.22.0000, HTSUSA, textile category 224, dutiable at 19.5 percent
      ad valorem.

           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



























      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins