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NY H83976




August 7, 2001

CLA-2-63:RR:NC:TA:349 H83976

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.10.2027

Ms. Jill Simmons
International Trade Consultants, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of dishcloths from Pakistan, India, United Arab Emirates or Taiwan.

Dear Ms. Simmons:

In your letter dated July 10, 2001 you requested a classification ruling on behalf of Pillowtex Corporation.

You submitted a “set” of woven dishcloths. The “set” is packed in a plastic band that is printed with the words “Cannon Tradition 18 pack Household Utility Set”, the fiber content, origin, size, number of cloths and other information. The edges of all of the dishcloths are finished with an overlock stitch. All of the cloths measure 12 x 13 inches. Eight of the dishcloths are made from 90 percent cotton and 10 percent polyester fabric. Six cloths are woven in what you refer to as a basket weave and the other two feature a waffle weave. There are six dishcloths made from 100 percent cotton ribbed terry fabric. The other four dishcloths are composed of two layers of fabric sewn together along the edges. One side is made from 90 percent cotton and 10 percent polyester fabric in a waffle weave. The other side is a 100 percent polyester mesh fabric. As requested the samples are being returned.

Please note, that the submitted “dishcloths set” does not meet the qualifications of "goods put up in sets for retail sale". In order to qualify as a set the components of the set must meet all three of the following criteria:

1- consist of at least two different articles which are, prima facie, classifiable in different headings; put up together to meet a particular need or carry out a specific activity; 3- packed for sale directly to users without repacking.

In this case the dishcloths do not meet the first criterion.

The applicable subheading for the dishcloths will be 6307.10.2027, HTS, which provides for other made up articles, including dress patterns: floorcloths, dishcloths, dusters and similar cleaning cloths: other dish cloths: of cotton. The duty rate will be 6.9 percent ad valorem.

The dishcloths fall within textile category designation 369. Based upon international textile trade agreements products of Taiwan and the United Arab Emirates are subject to quota and the requirement of a visa. Products of India are subject to the requirement of a visa. Currently items from Pakistan which fall under category 369-0 are not subject to quota or visa requirements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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