HQ 0084681 - Classification of Nonwoven All Purpose Cleaning Cloth and Nonwoven Dust Cloth - United States International Trade Commision Rulings

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HQ 084681

August 10, 1989

CLA-2 CO:R:C:G 084681 JBW

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.9040

Ms. Judy A. Blum
The Drackett Company
5020 Spring Grove Avenue
Cincinnati, Ohio 45232-1988

RE: Classification of Nonwoven All Purpose Cleaning Cloth and Nonwoven Dust Cloth

Dear Ms. Blum:

Your letters of April 20, 1989, and April 21, 1989, on behalf of the Drackett Company, addressed to our district office in Cleveland, have been referred to this office for a binding ruling on the above referenced merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The Drackett Company submitted two samples for classification. Your letter of April 20, 1989, requested classification of the item referred to as a "non-woven all purpose cleaning cloth." Examination of this item and accompanying lab reports reveals that the item is of nonwoven construction and consists of both natural and man-made fibers and a binder. The second item, submitted under your letter of April 21, 1989, and referred to as a "non-woven dust cloth," is constructed of nonwoven, man-made fibers and contains a binder and silicone. Both items measure 23 by 34 centimeters.

ISSUE:

What is the proper HTSUSA classification for two nonwoven items intended for use as a cleaning cloth and dust cloth, respectively?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) provide the legally binding rules of classification under the HTSUSA. GRI 1 provides that classification is determined first according to the terms of the headings of the tariff and any relative section or chapter notes, and then, if necessary, according to the remaining GRI's, taken in order.

The notes to Section XI provide the analytical framework for classification in this section. Note 8 excludes goods "made up," as defined by Section Note 7, from classification in Chapters 50 to 55 and Chapters 56 to 60, unless the context of the headings otherwise require. Note 8 further provides that Chapters 50 to 55 do not include goods classifiable in Chapters 56 to 59.

Heading 5603, HTSUSA, includes nonwoven items, whether or not impregnated, coated, covered, or laminated. The only exclusion to this heading provided for by the chapter notes relates to nonwovens embedded or covered in rubber or plastic. The merchandise under consideration is classifiable under this heading. In addition, Section Note 8 eliminates Chapters 50 to 55 from consideration, regardless of the fiber composition of the goods.

The HTSUSA also contains, under Heading 6307, a provision for other made up articles: floorcloths, dishcloths, dusters, and similar cleaning cloths. To be classifiable under this heading, the goods must be "made up" as provided for by Section Note 7. This note defines "made up" to mean, inter alia: cut up otherwise than into squares or rectangles or cut to size and having undergone a process of drawn thread work. The two cloths under consideration are cut into rectangles from fabric rolls. Being nonwovens, the goods are incapable of having drawn thread work. Therefore, these goods are not "made up." Moreover, Note 2(a) to Chapter 63, subchapter I, excludes goods classifiable in Chapters 56 to 62 from classification in this chapter. Finally, the Explanatory Notes, which represent the official interpretation of the HTSUSA at the international level, for Chapter 63 specifically exclude "nonwovens merely cut into squares or rectangles." Thus, the merchandise under consideration cannot be classified under Chapter 63.

As a final matter, the dust cloth lab analysis reveals that the cloth contains approximately 3.5 percent silicone. GRI 2(b) requires that any reference in a heading to a material or substance be taken to include a reference to mixtures or combinations of that material or substance with other materials or substances. Heading 3910, HTSUSA, covers silicones in primary forms. Note 6, Chapter 39, defines "primary forms" as liquids and pastes, including dispersions and solutions, and blocks of irregular shape, lumps, powders, granules, flakes, and similar bulk forms. The silicone contained in the dust cloth is not in primary form. Thus, Heading 3910, HTSUSA, is not relevant to the classification of this item. No other heading in the nomenclature addresses silicones. Consequently, the heading for nonwovens would include nonwovens containing silicone.

HOLDING:

The nonwoven dust cloth and the all purpose cleaning cloth are classified under subheading 5603.00.9040, HTSUSA, as nonwovens, whether or not impregnated: other: other. Both items have a duty rate of 12.5 percent ad valorem and are included in textile category 223.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, 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

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