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NY 883784




March 18, 1993

CLA-2-52:S:N:N6:352 883784

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.23.0000

Mr. Fahrli Ilias Hashish
Fahrli Ilias Hashish, CHB
813 Arbor Vitae
Inglewood, CA 90301

RE: The tariff classification of woven fabric from India.

Dear Mr. Hashish:

In your letter dated March 2, 1993, on behalf of your client Impex International, you requested a tariff classification ruling.

You have submitted a sample of fabric identified as "disposable wipes". Based on the information provided, this merchandise is composed of 100% cotton. The twill woven fabric is bleached and cut into 9" x 9" squares. This textile product weighs approximately 145 g/m2 and it would be used for sanitary purposes and other small cleaning tasks.

Section XI, Note 7 of the Harmonized Tariff Schedule of the United
States (HTS), defines the expression "made up" textile articles. 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 the product is imported in squares that have been simply cut from a larger piece of fabric, this merchandise does not qualify as a "made up" textile article under Note 7 (a). In addition, in explaining the meaning of "produced in the finished state", the Explanatory Notes to Section XI states in part that :

Rectangular (including square) articles simply cut out from larger pieces without other working and not incorporating fringes formed by cutting dividing threads are not regarded as "produced in the finished state" within the meaning of this Note. The fact that these articles may be presented folded or put up in packings (e.g., for retail sale) does not affect their classification.

It is therefore clear that these "disposable wipes" are not considered "made up" articles by operation of Note 7 (b). Consequently, this product remains classifiable as woven fabric.

The applicable subheading for the "disposal wipes" will be 5208.23.0000 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, 3-thread or 4-thread twill, including cross twill. The rate of duty will be 9.1 percent ad valorem.

This woven fabric falls within textile category designation 317. Based upon international textile trade agreements, products of India are subject to quota and the requirement of a visa.

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

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