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NY 850859


Apr 09 1990

CLA-2-63:S:N:N3H:351 850859

CATEGORY: CLASSIFICATION

TARIFF NO.: 6310.90.2000

Mr. Mark S. Greenberg
American Shipping Co.,Inc.
P.O. Box 1486
Englewood Cliffs, N.J. 07632

RE: The tariff classification of cotton terry rags from Pakistan.

Dear Mr. Greenberg:

In your letter dated March 21, 1990 (your reference # 29308), on behalf of Gross Kobrick Corporation, you requested a classification ruling.

You presented samples of defective cotton terry towels and stated that they were factory rejects. Each item is a completed towel which you claim has been found to contain imperfections. The imperfections include misweaves, missing sections of pile, torn or missing selvages, improper hemming, rips, tears and wrong or off sizes. You stated that stacks of imperfect towels are slashed in two directions with a razor at the factory in such a way as to remove a triangular piece from each towel. The stacks of slashed imperfect towels will be put into bales of approximately 50 pieces per bale and will be shipped without further packing.

We believe that it is not possible or economically feasible to repair these items. Since in their imported condition, they are torn, we would consider them to be rags.

The applicable subheading for the rags will be 6310.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for rags. They are free of duty. They also do not fall within any textile category designation and, therefore, will not be subject to quota or visa.

Please note, following General Note 5, HTS, if some of the imported articles in any shipment are not worn out, soiled or torn so as to be beyond cleaning or repair, the imported merchandise could be considered commingled and, therefore, the entire shipment may be classifiable as towels.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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