HQ 0087856 - Classification of a surgical towel; need not be of pile or tufted construction to be classified under subheading 6307.90.8710 - United States International Trade Commision Rulings

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HQ 087856

December 20, 1990

CLA-2 CO:R:C:G 087856 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.8710

Mr. Iqbal S. Deane
President
International Concepts, Inc.
1511 N.W. 91st Avenue, Suite 928
Coral Springs, FL 33071

RE: Classification of a surgical towel; need not be of pile or tufted construction to be classified under subheading 6307.90.8710

Dear Mr. Deane:

This letter is in response to your inquiry of August 13, 1990, requesting tariff classification of a surgical towel. A sample was submitted for examination.

FACTS:

The submitted sample is a surgical towel made of 100 percent cotton fabric. The sample towel is blue and has a flat weave. It measures approximately 18 inches by 30 inches and is used in hospitals for surgical procedures.

You believe that only towels of pile or tufted construction are classifiable as surgical towels under subheading 6307.90.8710 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Since the towel has a flat weave, you do not believe it is classifiable under this subheading.

ISSUE:

Whether a surgical towel with a flat weave is classifiable under subheading 6307.90.8710, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6307, HTSUSA, provides for other made up articles. The surgical towel is not specifically provided for in any other heading. It is classifiable in Heading 6307, which you also believe is the correct heading. The question you raise is whether surgical towels that are not of pile or tufted construction can be classified in subheading 6307.90.8710.

Subheading 6307.90.8710, HTSUSA, provides for surgical towels. Subheading 6307.90.8740 provides for cotton towels of pile or tufted construction. These are separate subheadings. There is nothing in the language of subheading 6307.90.8710 or of the subheadings at the six or eight digit level that would require that surgical towels be of pile or tufted construction to be classified under subheading 6307.90.8710. Therefore the submitted surgical towel is classifiable under this subheading.

HOLDING:

The surgical towel at issue is classified under subheading 6307.90.8710, HTSUSA, which provides for other made up articles, other, other, surgical towels. The rate of duty is 7 percent ad valorem, and the textile category is 369.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) 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.

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.

Sincerely,

John Durant, Director
Commercial Rulings Division

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