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HQ 089903


December 4, 1991

CLA-2 CO:R:C:T 089903 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.10.2030

Mr. P.H. Lin
Hung Hsu Textile Co., Ltd.
P.O. Box 45
Ho-Mei. Chang-Hua
50899 Taiwan, R.O.C.

RE: Modification of "Bio Duster"; cleaning cloth; classifiable as other furnishing article subheading 6307.10, HTSUSA

Dear Mr. Lin:

We have had occasion to review New York Ruling Letter (NYRL) 849174, issued to you on January 31, 1990. In order to maintain uniformity, that ruling must be modified to reflect Customs position in Headquarters Ruling Letter (HRL) 085671, which involved similar merchandise.

FACTS:

Although no sample was provided, the merchandise at issue in the NYRL was described as a cloth composed of eight layers of woven rayon fabric stitched together with five parallel rows of stitching. The cloth measured 30 square inches. This was classified under subheading 6307.90 as an other made up article.

The cloth which was the subject of HRL 085671 was a two- layered woven viscose rayon square measuring 25.4 centimeters. In that ruling, we stated that cleaning cloths of double-layered construction are classifiable under subheading 6307.10, on the basis that "the definition of specific purpose 'cloths' such as those enumerated in subheading 6307.10, is not similarly restricted so long as the articles are used for cleaning purposes and reasonably fit the description of floorcloths, dishcloths, dusters or similar cleaning cloths."

ISSUE:

Whether it is appropriate to classify a multi-layered cloth stitched in parallel rows as a cleaning cloth of subheading 6307.10, HTSUSA.

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LAW AND ANALYSIS:

Since the cloth of NYRL 849174 is a multi-layered cloth intended for dusting or cleaning, is constructed to carry out such a purpose, and is stitched around the edges, it comes within the purview of subheading 6307.10. As previously noted, a cleaning cloth is not excluded from this heading merely because it is made from two (or more) pieces of fabric.

HOLDING:

In order to render uniformity in the classification of cloths designed for cleaning, we hereby modify NYRL 849174 to reflect a classification of 6307.10.2030, HTSUSA, which provides for other made up articles, including dress patterns: floorcloths, dishcloths, dusters and similar cleaning cloths: other, other, dutiable at the rate of 10.5 percent ad valorem.

In order to assure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying NYRL 849174 to reflect the above classification effective with the date of this letter. However, if you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a modification of New York ruling letter 849174 under 19 CFR 177.9(d)(1) (1989). It is not to be applied retroactively to NYRL 849174 (19 CFR 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, including that for which the present classification was requested, NYRL 849174 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importation arriving at a port subsequent to the release of NYRL 849174 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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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

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