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January 13, 1999

CLA-2-60:RR:NC:TA: 351 D86212

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.20.6000

Mr. John O’Connell
Berkshire Corporation
River Street
Great Barrington, MA 01230

RE: Classification of wiping fabric; Heading 6002; Heading 6307

Dear Mr. O’Connell:

In your letter dated December 8, 1998, you requested a tariff classification ruling.

You submitted samples of three fabrics and gave the following information for each:

UltraSeal 3000(US3000) is a wiper that has been specifically manufactured and processed for use in critical environments (usually cleanrooms). The wiper is 100% polyester of tubular knit construction that are cut to length using a proprietary process that simultaneously seals the open ends closed.

MicroSeal 1200(MS 1200) is a wiper that has been specifically manufactured and processed for use in critical environments (usually cleanrooms). The wiper is 100% polyester of weft construction with all four sides cut using a proprietary process that simultaneously seals (melts) the edges to eliminate potential contamination.

Super Polx 1200 (SP1200) is a wiper that has been specifically manufactured and processed for use in critical environments (usually cleanrooms). The wiper is 100% polyester of weft construction that is cut to size.

In your letter you state that although in the past you have classified this merchandise under Heading 6002, HTSUSA, which provides for fabric of knit construction, you now believe that classification should more properly be under Heading 6307, HTSUSA, which provides for made up textile articles.

Examination of the cloths reveal them to be of widths not exceeding 30 cm. The edges of the cloths, which you state were finished under a proprietary process, appear to be, in all instances, heat sealed. In order for classification of this merchandise to be allowed under Heading 6307, HTSUSA, the merchandise must be “made up”.

Section XI, Note 7, HTSUSA, states the following:

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 been prevented from unraveling 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, whether presented as separate items or in the form of a number of items in length.

To be properly classifiable under Heading 6307, HTSUSA, a good must be “made up” for tariff classification purposes. According to Note 7(c), in order to be considered “made up”, a good must be hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unravelling by whipping or by other simple means.

In this instance, the subject fabric was heat sealed. It has been cut into simple squares or rectangles and the sealing appears to be merely to prevent particles of the cut material from scattering during use of the cloth. The use of the cloth is stated to be to keep areas scrupulously clean and free of all particles. The heat sealing merely insures that the cloth does not spread any fiber particles of its own during use. Since the subject material is not considered “made-up”, it is not classifiable under Heading 6307, HTSUSA. The material is properly classifiable under Heading 6002, HTSUSA.

The applicable subheading for all three knit fabrics will be 6002.20.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other, of a width not exceeding 30 cm, other, of man-made fibers. The rate of duty will be 8.1 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 Camille Ferraro at (212) 466-5885.

Sincerely,

Robert B. Swierupski
Director

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