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HQ 086614


March 30, 1990

CLA-2 CO:R:C:G 086614 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.93.0040; 6002.92.0000

Ms. Darlene E. DiBernardo
Assistant Branch Manager
F.W. Myers & Co., Inc.
P.O. Box 188
Champlain, NY 12919

RE: Wiping Cloths from Canada

Dear Ms. DiBernardo:

This is in reply to your letter dated January 17, 1990, to our New York office, on behalf of your client Fenora Textile, Inc., concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of wiping cloths imported from Canada. Samples were submitted with your request.

FACTS:

The articles in question consist of fabric made from knit jersey polyester/cotton or cotton/polyester material and are marketed as wiping cloths, applicator cloths and multi-purpose cloths. The cloths have unfinished edges, are made from new material and appear to have been cut into squares and rectangles from larger pieces of fabric. The suggested uses for the cloths include polishing (cars, boats, silverware, shoes), cleaning (bathrooms, kitchens, bars) and applying (waxes, stains, polishes). The cloths are packaged for retail sale in cardboard boxes or polyethylene bags and are manufactured and packaged in Canada from materials of Canadian origin.

The ports through which the merchandise will be imported include Houlton, Maine; Highgate Springs, Vermont; Port Huron, Michigan; Sault St. Marie, Michigan; Detroit, Michigan; Buffalo, New York; Champlain/Rouses Point, New York; Alexandria Bay, New York; and Rooseveltown, New York.

ISSUE:

Whether the articles in question are classifiable as cleaning cloths, rags or knit fabric.

LAW AND ANALYSIS:

Classification

Heading 6307, HTSUSA, covers other made up textile articles, including floorcloths, dishcloths, dusters and similar cleaning cloths of subheading 6307.10. Whether the cloths in question are classifiable in heading 6307 depends on whether they are "made up" within the meaning of Note 7, Section XI, HTSUSA. For the purposes of Section XI, "made up" is defined in relevant part as:

(a) Cut otherwise than into squares or rectangles;

(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, tablecloths, scarf squares, blankets).

Additional light is shed on the definition of "made up" by the Explanatory Notes, which constitute the official interpretation of the Harmonized System at the international level (four and six digits). Although the cloths at issue are ready for use, General Explanatory Note II, Section XI, further narrows the scope of the term, providing in pertinent part:

[R]ectangular (including square) articles simply cut out from larger pieces without working and not incorporating fringes formed by cutting dividing threads are not regarded as "produced in the finished state" within the meaning of this Note. The fact that these articles may be presented or folded or put up in packings (e.g., for retail sale) does not affect their classification.

Since the cloths have been cut form larger pieces of material without working, they cannot be considered to be "made up" within the meaning of Note 7.

Heading 6310, HTSUSA, covers used or new rags. According to the Explanatory Note to heading 6310, in order to qualify as rags, articles must be so worn out, soiled or torn as to be beyond cleaning or repair, or else be comprised of scrap such as dressmakers' or tailors' snippings. The cloths at issue are not worn out soiled or torn; moreover, while the material from which they are made is new, it is neither scrap material nor snippings. Consequently, the cloths are not classifiable as rags of heading 6310.

Since the cloths are not classifiable in either headings 6307 or 6310, Customs considers that they are classifiable as knit fabric of heading 6002, HTSUSA.

Marking

You also enquired as to the country of origin marking requirements for the merchandise at issue. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, and in such a manner as to indicate to the ultimate purchaser the English name of the article's country of origin.

However, an exception to the general rule is provided by 19 U.S.C. 1304(a)(3)(D) and Section 134.32(d), Customs Regulations (19 CFR 134.32(d)), for articles for which the marking of the containers will reasonably indicate the origin of the articles themselves. In addition, Section 134.24(d), Customs Regulations (19 CFR 134.24(d)) provides that containers which are not capable of reuse, e.g., polyethlyene bags and paperboard boxes, although they need not be marked to show the country of their own origin, must nevertheless indicate the origin of their contents. In this instance, it is the view of the Customs Service that so long as the polyethelene bags or cardboard boxes in which the cloths are imported are conspicuously marked so as to indicate the Canadian origin of the cloths, the wiping cloths themselves are exempt from marking pursuant of 19 CFR 134.32(d).

HOLDING:

Pursuant to Subheading Note 2, Section XI, and Note 2, Section XI, goods of Chapters 56 to 63, HTSUSA, are to be classified as if they consisted wholly of that one textile material which predominates by weight over each other single textile material.

Thus if the polyester/cotton cloths are predominantly of polyester they are classifiable in subheading 6002.93.0040, HTSUSA, under the provision for other knitted or crocheted fabrics, other, of man-made fibers, of double knit or interlock construction, of polyester. Goods of this subheading originating in Canada are eligible for the tariff treatment set forth in the "Special" subcolumn of the HTSUSA, in accordance with section 201 of the United States-Canada Free-Trade Agreement Implementation Act of 1988 and are dutiable at 11.2 percent ad valorem. The textile category is 222.

If predominantly of cotton, the cloths are classifiable in subheading 6002.92.0000, HTSUSA, under the provision for other knitted or crocheted fabrics, other, of cotton, and are also dutiable at 11.2 percent ad valorem. The textile category is 222.

Pursuant to 19 CFR 134.32(d), the polyethelene bags and cardboard boxes in which the wiping cloths are imported must be marked so as to indicate clearly the origin of the cloths.

The designated textile and apparel category may be subdivided into parts. If so, 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 that 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 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,


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