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NY I84086




July 18, 2002

CLA-2-63:RR:NC:N3:351 I84086

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889, 6307.10

David E. Thompson
GHY USA, Inc.
572 South Fifth St.
Pembina, SD 58271

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a window cleaner refill and a floor cleaner refill from Canada; Article 509

Dear Mr. Thompson:

In your letter dated June 19, 2002, on behalf of Lambskin Specialties of Winnipeg, you requested a ruling on the status of a window cleaner refill and a floor cleaner refill from Canada under the NAFTA.

The “window pro refill” and the “floormaster refill” are both made of woven pile fabric. The window cleaner is approximately 20” x 3” and is meant to be slipped over a squeegee handle (“t-bar”); it closes with a hook-and-loop fastener. The floor cleaner is approximately 12” x 7” and is meant to be stretched over a mophead; it is held in place by its elasticized opening. The samples will be returned as you have requested.

You have requested that both articles be classified in subheading 9603.90.8050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, among other things, mops and squeegees. However, neither heading 9603 nor subheading 9603.90.8050 includes a provision for parts of mops or squeegees.

The applicable tariff provision for the window pro squeegee refill will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The general rate of duty will be seven percent.

The applicable subheading for the floormaster refill, if it is made of cotton, will be 6307.10.1090, HTS, which provides for other made up articles, . . .: floorcloths, dishcloths, dusters and similar cleaning cloths: other: . . . of cotton. The general rate of duty will be 4.2 percent ad valorem. If it is made of man-made fibers, the applicable subheading will be 6307.10.2030, HTS, which provides for other made up articles, . . .: floorcloths, dishcloths, dusters and similar cleaning cloths: other . . . other. The general rate of duty will be 6.3 percent ad valorem.

You have also asked if the merchandise qualifies for duty-free treatment under NAFTA. It appears that both items are made from a woven pile fabric which by itself is classifiable in heading 5801, HTS. You state that the fabric is from Belgium. In order for this non-originating fabric to qualify it must meet the standard of General Note 12(t)/63, HTSUSA, which states, at (4.):

A change to headings 6304 through 6310 from any other chapter, except from . . . headings 5801 through 5802 . . ., provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one or more of the NAFTA parties [emphasis added].

Because the fabric is classifiable in heading 5801, the merchandise does not qualify for preferential treatment under the NAFTA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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 Mitchel Bayer at 646-733-3102.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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