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HQ 950261

October 21, 1991

CLA-2 CO:R:C:T 950261 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9490

Salvador Beattle
Daniel B. Hastings Inc.
P.O. Box 673
Laredo, Texas 78042

RE: Dryer power pad; not for technical use; other made up article classifiable heading 6307, HTSUSA.

Dear Mr. Beattle:

This is in reference to your letter of July 30, 1991, requesting classification of a dryer power pad under the Harmonized Tariff Schedule of the United States (HTSUSA).

FACTS:

The merchandise to be imported is made up of various parts, of American origin, which are shipped to and assembled in Mexico. These parts consist of six strips of fabric-backed vinyl which measure approximately 3 x 24 inches each, rectangular fabric (made up of 65 percent Fortrel polyester and 35 percent combed cotton) which measures approximately 40 x 26 inches, thread, and manufactured labels. In Mexico, the following processes take place:

1) a double ply of the precut rectangular fabric is stitched so as to form pockets which will accommodate the vinyl strips

2) this material is then folded and hemmed, and then folded and sewn and turned inside out

3) a back-up seam is sewn along the pockets for reinforcement, the vinyl strips are then inserted, and the pockets are sewn shut to prevent removal or misplacement of the strips.

The question of whether an allowance may be made for the U.S. components has been referred to our Special Classification Branch, and will be the subject of a separate reply.

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You state that the entirety will be used in both domestic and commercial dryers which use the conventional tumbling and heat presentation method. The article at issue facilitates the drying process by accelerating the evaporation of moisture from damp items when they are placed in the clothes dryer. This is an effect of the materials used, which accepts and retains heat and moisture more readily than damp clothes, without becoming saturated.

ISSUE:

Whether the present merchandise is considered an article for technical use under heading 5911, or whether classification as an other made up article under heading 6307, HTSUSA, is more appropriate.

LAW AND ANALYSIS:

Classification of merchandise under the tariff is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 states that classification will be determined in accordance with the terms of the headings and any relative section or chapter notes.

Heading 5911, which provides for textile articles for technical use, is a consideration for classification since clothes dryers are machinery. The Explanatory Notes which accompany the heading, and constitute the official interpretation of the tariff at the international level, requires that textile articles for technical use comport with the requirements of Chapter Note 7. Chapter Note 7 states that

Heading No. 59.11 applies to the following goods, which do not fall in any other heading of Section XI:

(a) Textile products in the piece, cut to length or simply cut to rectangular (including square) shape (other than those having the character of the products of headings Nos. 59.08 to 59.10), the following only (in relevant part):

(iv) Flat woven textile fabric with multiple warp or weft, whether or not felted, impregnated or coated, of a kind used in machinery or for other technical purposes;

(b) Textile articles (other than those of headings Nos. 59.08 to 59.10) of a kind used for technical purposes (for example, textile fabrics and felts, endless or fitted with linking devices, of a kind used in paper

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making or similar machines (for example, for pulp or asbestos-cement), gaskets, washers, polishing discs and other machinery parts).

These Notes indicate that the fabrics intended for classification within this heading are specifically related to the functioning of various machinery. For instance, the term "of a kind used in machinery" in (a)(iv) above means of a kind which is used as a part of machinery; the word "in" is not intended for literal use to mean, as an example, the enclosure of a piece of fabric within the canister of a dryer, which is otherwise free to move about at random and, use of which may be abandoned at will without in any way affecting the functioning of the dryer.

Likewise, part (b) above indicates that the kinds of fabrics considered "of a kind used for technical purposes" are specifically geared towards a particular function of certain machinery. Thus, gaskets, washers and polishing disks are given as examples - each of these items constitute a part of machinery which has a particular technical function. The present merchandise, however, is not essential to the functioning of a clothes dryer. It is an additional aid to the drying process and not a necessary part of it. This fabric with its inserts is not fitted or linked to the machine in any way, and does not otherwise resemble the fabrics encompassed by Note 7 and the Explanatory Notes.

In the alternative, we look to heading 6307, which provides for other made up textile articles. As a residual category, this heading provides for all made up textile articles which are not more specifically provided for in other headings of the tariff. Since there is no other heading which provides for dryer power pads under the HTSUSA, classification herein is appropriate.

HOLDING:

The merchandise at issue is classified under subheading 6307.90.9490, HTSUSA, which provides for other made up articles, including dress patterns, other: other: other, other, dutiable at the rate of 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 your client check, close the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service which is updated weekly and is available for inspection at your local Customs office.

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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, your client should contact its 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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