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HQ 089442


August 1, 1991

CLA-2 CO:R:C:T 089442 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.10.2030, 5801.33.0000, 5801.35.00, 5802.30.0030

Ms. Patricia Williamson
1216 Shelby Parkway
Cape Coral, Florida 33904

RE: Classification of certain cleaning cloths; made up articles

Dear Ms. Williamson:

This ruling is in response to your submission regarding the classification of certain cleaning cloths. Your letter and samples were received by Customs on April 4, 1991. The samples will be returned to you as requested, under separate cover.

FACTS:

Two samples of cleaning cloths were received. Both samples are rectangular in shape. Sample #1 consists of a layer of 100 percent polyester knit pile fabric stitched, using an overlock stitch, to a layer of 100 percent polyester woven pile fabric. The fabrics are sewn with the flat sides together and the plush sides out and form a rectangle which measures approximately 4 3/4" by 6 1/4". Sample #2 is a piece of 75 percent polyester/25 percent cotton woven pile fabric which measures approximately 9" by 11 1/4". The edges are finished with overlock stitching.

The cleaning cloths are manufactured in Germany.

ISSUE:

Are the cleaning cloths at issue classifiable as made up articles for tariff purposes?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the
headings and any relative section or chapter notes, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

Note 7, Section XI, HTSUSA, defines the expression "made up" for purposes of the section, in pertinent 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, table cloths, scarf squares, blankets);

(c) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unravelling by whipping or by other simple means;

(e) Assembled by sewing, gumming or otherwise (other than * * * piece goods composed of two or more textiles assembled in layers, whether or not padded);

The Explanatory Notes for Section XI further clarify the meaning of "made up" as follows:

(1) Merely cut, otherwise than into squares or rectangles, for example, dress patterns of textile material; articles with their edges pinked (e.g. certain dusters) are also regarded as made up.

The Notes further state:

However, rectangular (including square) articles simply cut out from larger pieces without other 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 folded or put up in packings (e.g., for retail sale) does not affect their classification.

Upon examination of the samples, it is clear that the fabrics are subjected to "other working" after being cut to size. However, this other working consists of overlock stitching which prevents the edges of the cut fabrics from unravelling and, in the case of sample #1 serves to connect the two pile fabrics of the cleaning cloth.

An overlock stitch is viewed as a simple means of preventing unravelling and, as such, falls within the exclusion from "made up" described in Note 7(c). The assembly of the fabrics of sample #1, however, does not fall within the exclusion from "made up" described in Note 7(e). Although sample #1 appears to be composed of two or more textiles assembled in layers, Note 7(e) describes the goods in the exclusionary language as "piece goods." "Piece goods" is not defined in the HTSUSA.

The American Heritage Dictionary, Second College Edition, (1982), at 938, defines piece goods as: "Fabrics made and sold in standard lengths." Fairchild's Dictionary of Textiles (1970), at 435, defines piece goods as: "A general term for fabrics woven in lengths to be sold by the yard in retail stores. May also mean all goods which are not cut. Also called yard goods."

Customs does not believe that the fabrics of sample #1 fall within the definitions of piece goods cited above. The fabrics have been cut to specific sizes for a specific purpose. Therefore, since the fabrics are not piece goods, as that term is commonly understood, the exclusionary language in Note 7(e) does not apply.

Sample #1 falls within the description of made up in Note 7(e) and is consequently classifiable as a made up good. Sample #2, however, falls within the exclusionary language in Note 7(c), and is therefore classifiable as fabric, not as a made up good.

HOLDING:

Sample #1 is classified as a cleaning cloth in subheading 6307.10.2030, HTSUSA, which provides for, among other things, other made up articles, floorcloths, dishcloths, dusters and similar cleaning cloths, other, other. There is no applicable textile category for this classification. The cleaning cloth is subject to a 10.5 percent ad valorem rate of duty.

The classification of sample #2 depends on the construction and weight of the fabric which cannot be determined based on the information available to Customs at this time. The manufacturer should be able to provide you with this information. Sample #2 is classified as either a woven fabric of man-made fibers, other weft pile fabric in subheading 5801.33.0000, HTSUSA, textile category 224, dutiable at 19.5 percent ad valorem; or as a woven
fabric of man-made fibers, warp pile fabrics, cut, 5801.35.00, HTSUSA, textile category 224, dutiable at 19.5 percent ad valorem; or as a tufted textile fabric, of man-made fibers in subheading 5802.30.0030, HTSUSA, textile category 224, dutiable at 7 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and 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,

John Durant, Director
Commercial Rulings Division

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