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NY C85633




March 27, 1998

CLA-2-63:RR:NC:TA:349 C85633

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.10.2005

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8100 Mitchell Road
Eden Prairie, MN 55344-2231

RE: The tariff classification of a shop towel from Bangladesh or India.

Dear Anderson:

In your letter dated March 16, 1998 you requested a classification ruling on behalf of Lexington Rebuilders Inc.

The instant sample, identified as a "General Purpose Utility Cloth", is considered a shop towel. The towel is made from a 100 percent cotton loosely woven, coarse, greige fabric. All of the edges are finished with an overlock stitch. The submitted towel measures approximately 19 x 30 inches.

In your letter, you state that you believe the "cloth" to be classifiable under subheading 6307.10.2030, HTS. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Heading 6307, HTS, provides for other made up articles; subheading 6307.10.2005, HTS, provides for shop towels dedicated for use in garages, filling stations and machine shops. You contend that the merchandise at issue is not classifiable as shop towels under subheading 6307.10.2005, HTS. You make two main arguments in support of this contention. First, that the cloths in heading 6307.10 are specifically named type cleaning cloths designed to perform particular or dedicated functions. Second, you state that the merchandise at issue will primarily be sold to industrial laundries who in turn will rent to hotels and restaurants for use in kitchen and or bar areas, paint shops, cleaning companies for use in cleaning offices/shops, etc.

Please note, that the above-mentioned subheading is an eo nomine and not an actual use provision. It provides for the class or kind of imported articles belonging to shop towels. Shop towels, provided for in this subheading, are used in, but
not limited to use in, garages, filling stations, and machine shops. Because the towel at issue is made of coarse, woven, greige fabric, it has virtually no other use than as a shop towel. Customs has consistently ruled that merchandise similar to that at issue, whether or not used exclusively in garages, filling stations, and machine shops, is of the class or kind of article classifiable as shop towels. See, e.g., Headquarters Ruling Letter (HRL) 084799, dated September 6, 1989, and HRL 087471, dated September 21, 1990. Therefore, the merchandise at issue is classified as shop towels.

As requested in your letter, the towel is being returned.

The applicable subheading for the towel will be 6307.10.2005, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: floorcloths, dishcloths, dusters and similar cleaning cloths: other... shop towels dedicated for use in garages, filling stations and machine shops: of cotton. The duty rate will be 8.4 percent ad valorem.

The shop towel falls within textile category designation 369. Based upon international textile trade agreements products of Bangladesh and India are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 212-466-5854.

Sincerely,

Robert B. Swierupski
Director,

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