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HQ 951338


June 11, 1992

CLA-2 CO:R:C:T 951338 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.10.2030

David E. Goldstone
Daruth Agency Ltd.
1105 - 35 Wynford Heights Cres.
Toronto, Ontario Canada M3C 1K9

RE: Classification of wiping cloths; made up articles; classifiable in Heading 6307; CFTA

Dear Mr. Goldstone:

This letter is in response to your inquiries requesting the tariff classification of wiping cloths. Samples were submitted for examination.

FACTS:

You have submitted two samples for classification, designated by you as "lens cleaning cloths." Both samples are constructed of herringbone weave fabric that is made of 100 percent polyester filament yarns. Japanese fabric measuring approximately 137 centimeters by 50 meters is imported into Canada, where the fabric is cut to length and width. Sample 1 is cut approximately 12 centimeters by 13 centimeters and has pinked edges. Sample 2 is cut 9 centimeters by 19 centimeters and has edges finished with an overcast stitch. Each cloth is individually packaged in a plastic pouch which measures approximately 12 centimeters by 10 centimeters. The pouch contains two pockets which open toward the item's central fold.

ISSUE:

Whether the submitted merchandise is classifiable in Heading 6307 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

Whether the merchandise at issue is considered goods originating in the territory of Canada in accordance with the United States-Canada Free Trade Agreement (CFTA)?

LAW AND ANALYSIS:

Classification

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6307 is a residual provision for other made up articles of textile. According to the Explanatory Notes, the official interpretation of the HTSUSA at the international level, "this heading covers made up articles of any textile material which are not included more specifically in other headings of Section XI or elsewhere in the Nomenclature. It includes, in particular: floor cloths, dish cloths, dusting cloths and similar cleaning cloths (whether or not impregnated with a cleaning preparation ...)." Consequently if the submitted cloths meet the definition of made up articles, they are classifiable in Heading 6307.

Note 7 to Section XI states that for the purposes of this section, the expression "made up" means:

(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, tablecloths, 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 prevented from unravelling by whipping or by other simple means;

(d) Cut to size and having undergone a process of drawn thread work;

(e) Assembled by sewing, gumming or otherwise (other than piece goods consisting of two or more lengths of identical material joined end to end and piece goods composed of two or more textiles assembled in layers, whether or not padded); or

(f) Knitted or crocheted to shape, presented in the form of a number of items in the length.

Sample 1 has pinked edges. In Headquarters Ruling Letter (HRL) 088280 of January 29, 1992, we ruled that muslin strips cut into rectangles with pinked edges were made up articles for tariff classification purposes. Similarly Sample 1 would be considered a made up article. Sample 2 has overcast stitching at its edges. It has a relatively large number of stitches per inch, luster, tightness, and lack of slack which would differentiate it from a stitching merely used to prevent unravelling. Thus Note 7(c) to Section XI is met, and these cloths are classifiable as made up articles of Heading 6307.

GRI 5 provides that in addition to the foregoing provisions, the following rules shall apply in respect of the goods referred to therein:

(a) Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long- term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.

(b) Subject to the provisions of rule 5(a) above, packing materials and packing containers entered with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. However, this provision does not apply when such packing materials or packing containers are clearly suitable for repetitive use.

The plastic pouch meets the requirements of GRI 5(b). Consequently, it is classified with the cloths in Heading 6307.

CFTA

Concerning the eligibility of this merchandise for a duty reduction in accordance with the CFTA, General Note 3(c)(vii) provides the following:

(B) For the purposes of subdivision (c)(vii) of this note, goods imported into the customs territory of the United States are eligible for treatment as "goods originating in the territory of Canada" only if--

(1) they are goods wholly obtained or produced in the territory of Canada and/or the United States, or

(2) they have been transformed in the territory of Canada and/or the United States, so as to be subject--

(I) to a change in tariff classification as described in the rules of subdivision
(c)(vii)(R) of this note, or

(II) to such other requirements subdivision (c)(vii)(R) of this note may provide when no change in tariff classification occurs, and they meet the other conditions set out in (R) of this note.

General Note 3(c)(vii)(R), which concerns whether a change in tariff classification has taken place, at Section XI states regarding Chapter 63 the following:

(pp) A change to any heading of chapter 63 from any heading outside that chapter other than headings 5106 through 5113, 5204 through 5212, 5306 through 5311, or headings of Chapters 54 and 55; provided, that goods are both cut and sewn in the territory of Canada and/or the United States.

The wiping cloths are made of fabric classifiable in Chapter 54. Therefore this merchandise would not be considered goods originating in Canada by having undergone a change in tariff classification, in application of General Note

HOLDING:

The merchandise at issue is classified under subheading 6307.10.2030, HTSUSA, which provides for other made up articles, floorcloths, dishcloths, dusters and similar cleaning cloths, other, other. The rate of duty is 10.5 percent ad valorem. No textile category is currently assigned to articles classified under this subheading.

Your question concerning the proper country of origin marking for this merchandise has been referred to our Value and Marking Branch for response. The reference number is 734576.

Sincerely,

John Durant, Director

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