United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 NY Rulings > NY 0861632 - NY 0861799 > NY 0861705

Previous Ruling Next Ruling


NY 861705

APR 11 1991

CLA-2-52:S:N:N3H:352 861705

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.21.4090

Mr. Dave Smith
Textus International, Inc.
3960-E Prospect Avenue
Yorba Linda, CA 92686

RE: The tariff classification of cotton cheesecloth fabric from China.

Dear Mr. Smith:

In your letter dated March 20, 1991, you requested a classification ruling.

The submitted sample, identified as "cheesecloth", is a bleached plain woven fabric. Based on the information provided, the merchandise is composed of 100% cotton. The fabric contains 7.9 single yarns per centimeter in the warp and 4.7 single yarns per centimeter in the filling. It weighs 19.25 g/m2 and will be imported in pieces that measure approximately 182 centimeters in length and 91.44 centimeters in width. Based on information submitted and laboratory analysis, the average yarn number has been calculated to be 65 in the metric system. You state that this merchandise will be used for canning, straining and basting, in addition to other culinary and cooking purposes.

Your inquiry suggests that this merchandise would be classified under heading 6307, Harmonized Tariff Schedule of the United States (HTS). This is not correct. Heading 6307, HTS, applies to made up articles of textile fabric. Section XI, Note 7 states in part that "made up" means:

(a) cut otherwise than into squares and rectangles;

(b) produced in the finished state ready for use (or merely needing separation by cutting dividing threads) without sewing or other working...

Since this product is imported in squares and rectangles and will be cut to the appropriate size before use, it does not meet the definition of "made up". Therefore, it is excluded from classification as an other made up article in heading 6307, HTS.

The applicable subheading for the woven fabric will be 5208.21.4090, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, bleached, plain weave, weighing not more than 100 g/m2, of numbers 43 to 68, cheesecloth. The duty rate will be 10.2 percent ad valorem.

The cheesecloth falls within textile category designation 226. Based upon international textile trade agreements, products of China are subject to quota restrictions and visa 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.

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

Previous Ruling Next Ruling

See also: