CLA-2 CO:R:C:T 089844 CRS

Assistant District Director
United States Customs Service
U.S. Customhouse
Interstate 87
Champlain, NY 12919

RE: Application for further review of protest number 0712-91- 000434; pile fabrics.

Dear Sir:

This is in reply to your memorandum of June 26, 1991, which forwarded for our review protest number 0712-91-000434, filed on behalf of Huntingdon Mills, Ltd., by A.N. Deringer, Inc., on April 11, 1991. A sample of the imported fabric was attached to the protest, as well as a sample of the base material used to manufacture the imported fabric.

FACTS:

The merchandise in question is a brushed knit fabric, style 5448-OSC. The fabric consists of a 100 percent polyester base material, or pre-cursor fabric, into which acrylic yarns appear to have been laid-in or inserted during the knitting process. The laid-in yarns protrude from the base material and can be removed, leaving plain knit fabric. Once the inserted yarns have been introduced into the base material, they are brushed to produce the imported fabric.

ISSUE:

The issue presented is whether the merchandise in question is classifiable under a provision for pile fabrics or under a provision for other knitted or crocheted fabrics.

LAW AND ANALYSIS:

Two headings are under consideration in the instant protest: heading 6001, HTSUSA, which provides for pile fabrics, including "long pile" fabrics and terry fabrics, knitted or crocheted; and heading 6002, HTSUSA, a residual provision which covers other knitted or crocheted fabrics. Knitted or crocheted fabrics are classifiable in this heading only if they are first excluded from heading 6001.

The Explanatory Notes (EN), are the official interpretation of the Harmonized System at the international level. EN 60.01, 827, describes some of the methods commonly used to manufacture knitted pile fabrics. The fourth method is one in which textile yarns form loops. The fabric in question is made from textile yarns which have been introduced into a knitted base material to form loops. The loops are then brushed to form the plush-pile effect of the finished fabric. Since the production process used to manufacture style 5448-OSC is characteristic of pile fabrics, it is Customs' opinion that the fabric is classifiable in heading 6001, HTSUSA.

HOLDING:

The fabric in question, style 5448-OSC, is classifiable in subheading 6001.22.0000, HTSUSA, under the provision for looped pile fabrics; of man-made fibers.

The protest should be denied in full. A copy of this decision should be attached to the Form 19 Notice of Action.

Sincerely,

John Durant, Director