CLA-2 CO:R:C:G 084681 JBW
Ms. Judy A. Blum
The Drackett Company
5020 Spring Grove Avenue
Cincinnati, Ohio 45232-1988
RE: Classification of Nonwoven All Purpose Cleaning Cloth and
Nonwoven Dust Cloth
Dear Ms. Blum:
Your letters of April 20, 1989, and April 21, 1989, on
behalf of the Drackett Company, addressed to our district office
in Cleveland, have been referred to this office for a binding
ruling on the above referenced merchandise under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).
FACTS:
The Drackett Company submitted two samples for
classification. Your letter of April 20, 1989, requested
classification of the item referred to as a "non-woven all
purpose cleaning cloth." Examination of this item and
accompanying lab reports reveals that the item is of nonwoven
construction and consists of both natural and man-made fibers and
a binder. The second item, submitted under your letter of April
21, 1989, and referred to as a "non-woven dust cloth," is
constructed of nonwoven, man-made fibers and contains a binder
and silicone. Both items measure 23 by 34 centimeters.
ISSUE:
What is the proper HTSUSA classification for two
nonwoven items intended for use as a cleaning cloth and dust
cloth, respectively?
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) provide the
legally binding rules of classification under the HTSUSA. GRI 1
provides that classification is determined first according to the
terms of the headings of the tariff and any relative section or
chapter notes, and then, if necessary, according to the remaining
GRI's, taken in order.
The notes to Section XI provide the analytical
framework for classification in this section. Note 8 excludes
goods "made up," as defined by Section Note 7, from
classification in Chapters 50 to 55 and Chapters 56 to 60, unless
the context of the headings otherwise require. Note 8 further
provides that Chapters 50 to 55 do not include goods classifiable
in Chapters 56 to 59.
Heading 5603, HTSUSA, includes nonwoven items, whether
or not impregnated, coated, covered, or laminated. The only
exclusion to this heading provided for by the chapter notes
relates to nonwovens embedded or covered in rubber or plastic.
The merchandise under consideration is classifiable under this
heading. In addition, Section Note 8 eliminates Chapters 50 to
55 from consideration, regardless of the fiber composition of the
goods.
The HTSUSA also contains, under Heading 6307, a
provision for other made up articles: floorcloths, dishcloths,
dusters, and similar cleaning cloths. To be classifiable under
this heading, the goods must be "made up" as provided for by
Section Note 7. This note defines "made up" to mean, inter alia:
cut up otherwise than into squares or rectangles or cut to size
and having undergone a process of drawn thread work. The two
cloths under consideration are cut into rectangles from fabric
rolls. Being nonwovens, the goods are incapable of having drawn
thread work. Therefore, these goods are not "made up."
Moreover, Note 2(a) to Chapter 63, subchapter I, excludes goods
classifiable in Chapters 56 to 62 from classification in this
chapter. Finally, the Explanatory Notes, which represent the
official interpretation of the HTSUSA at the international level,
for Chapter 63 specifically exclude "nonwovens merely cut into
squares or rectangles." Thus, the merchandise under
consideration cannot be classified under Chapter 63.
As a final matter, the dust cloth lab analysis reveals
that the cloth contains approximately 3.5 percent silicone. GRI
2(b) requires that any reference in a heading to a material or
substance be taken to include a reference to mixtures or
combinations of that material or substance with other materials
or substances. Heading 3910, HTSUSA, covers silicones in primary
forms. Note 6, Chapter 39, defines "primary forms" as liquids
and pastes, including dispersions and solutions, and blocks of
irregular shape, lumps, powders, granules, flakes, and similar
bulk forms. The silicone contained in the dust cloth is not in
primary form. Thus, Heading 3910, HTSUSA, is not relevant to the
classification of this item. No other heading in the
nomenclature addresses silicones. Consequently, the heading for
nonwovens would include nonwovens containing silicone.
HOLDING:
The nonwoven dust cloth and the all purpose cleaning
cloth are classified under subheading 5603.00.9040, HTSUSA, as
nonwovens, whether or not impregnated: other: other. Both items
have a duty rate of 12.5 percent ad valorem and are included in
textile category 223.
Due to the changeable nature of the statistical
annotation and the restraint (quota/visa) categories applicable
to textile merchandise, you should contact your local Customs
office prior to importation of this merchandise to determine the
current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division