HQ 0084203 - Tariff Status of Bale Covers - United States International Trade Commision Rulings

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HQ 084203

JULY 19, 1989

CLA-2 CO:R:C:G 084203 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9030

Thomas G. Travis, Esquire
Sandler, Travis & Rosenberg
444 Brickell Avenue
Miami, Florida 33131-2470

RE: Tariff Status of Bale Covers

Dear Mr. Travers:

This ruling is in response to your letter of March 21, 1989, on behalf of Aliaza, Inc., concerning the classification of bale covers. The country of origin was not stated. However, for the purposes of this ruling, we will assume that the merchandise is entitled to Column 1 rates of duty.

FACTS:

No sample was received by this office. Accordingly, we will utilize the descriptions submitted by the importer's representative and by our National Import Specialist.

The woven polypropylene bale covers are produced by cutting two tubular woven fabrics and joining them along the width. the edges are sealed fast by a heat process. The finished bale covers are imported in dimensions of 72 by 115 inches ready for use in the packaging of textile fibers in their imported condition.

ISSUE:

The issue presented is whether the subject merchandise is "made up" and, therefore, is classifiable under Heading 6307, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), or whether the covers are classifiable as fabric, in Chapter 55, HTSUSA.

LAW AND ANALYSIS:

Note 7 to Section XI, HTSUSA, states, in pertinent part:

7. For the purposes of this Section, the expression "made up" means:

(b) Produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, table cloths, scarf squares, blankets);

The Explanatory Notes to the Harmonized Commodity Description and Coding System, the official interpretation of the HTSUSA at the international level, elaborate somewhat on note

Goods of this kind include products knitted or crocheted directly to shape and certain dusters, towels, table cloths, scarf squares, blankets, etc., with threads along the warp left unwoven or the weft edges cut to form a fringe. Such articles may have been woven separately on the loom, but may also have been simply cut from lengths of fabric which have bands of unwoven threads (generally warp threads) at regular intervals.

The implication that may be taken from the Explanatory Notes is that the merchandise, to be considered "Produced in the finished state," must be complete (except for possibly the cutting of dividing threads) as it comes off the loom. However, the Explanatory Notes do not clearly require that implication. Note 7(b) only requires that for goods to be "made up" for purposes of Section XI, those goods must be finished and ready for use. No limitation is placed on the word "Produced". Accordingly, there is no authority to hold that the word "Produced" in Note 7(b) is limited in scope to merchandise in its condition as it leaves the loom or knitting machine and that any other manufacturing process performed on that merchandise will remove it from the purview of that note. We interpret the word "Produced" in Note 7(b) to refer to the condition of the merchandise at the time of importation.

HOLDING:

The liners are considered to be "made up", pursuant to Note 7(b), and are, therefore, classifiable under the provision for other made up articles, in Subheading 6307.90.9050, HTSUSA, with duty at the Column 1 rate of 7 percent ad valorem. This merchandise is currently not subject to any international textile restraints.

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 importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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