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NY 889799



September 16, 1993

CLA-2-40:S:N:N6:350 889799

CATEGORY: CLASSIFICATION

TARIFF NO.: 4008.11.5000; 5602.10.9090

Mr. Stephen H. Gay
BIS Smartparts
550 E. Main Street
Branford, CT 06405

RE: The tariff classification of two synthetic wiping cloths, from Germany.

Dear Mr. Gay:

In your letter dated August 26, 1993, you requested a tariff classification ruling.

Two representative samples were submitted which were not identified as to style or quality number. The first item consists of a wiping cloth made of needleloom rayon felt (not woven), that is covered on one side in what is believed to be a coating method with a cellular rubber latex material. While no weights were furnished, the textile portion, which is an equally essential part of the product, appears to constitute more than 50 percent by weight of the total weight of the product.

The second item, consists of a chamois colored rayon felt which has been completely covered on both sides with a thin layer of cellular latex rubber. While no weights were furnished, the rubber portion appears to be less than 70 percent by weight of the total weight of the product. Your letter indicates that these cloths will be imported in approximately 16"x15" final sizes. Since these cloths will be imported in either squares or rectangles, they are not considered "made-up" articles for the purposes of the tariff schedules. The end use of these cloths is for wiping down cars and motorcycles after washing. This second cloth, if packed in the plastic container in which the sample was submitted to us; such plastic container would be considered packing for duty assessment purposes.

The applicable subheading for the first item will be 5602.10.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for felt, whether or not impregnated, coated, covered or laminated, needleloom felt, of other than wool or fine animal hair. The rate of duty will be 12.5 percent ad valorem.

The second item falls under HTS item 4008.11.5000 which provides for plates, sheets, strip... of vulcanized rubber... of cellular rubber, of other than natural rubber. The rate of duty is 6.6 percent ad valorem.

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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