CLA-2 CO:R:C:G 085384 JBW
Ms. Judy Blum
The Drackett Company
5020 Spring Grove Avenue
Cincinnati, Ohio 45232-1988
RE: Modification of Headquarters Ruling Letter (HRL) 084681 on
the Classification of Nonwoven All Purpose Cleaning Cloth
and Nonwoven Dust Cloth
Dear Ms. Blum:
On August 10, 1989, this office issued a ruling, HRL
084681, that classified nonwoven cleaning cloths and dust cloths
under subheading 5603.00.9040, HTSUSA, as nonwovens, whether or
not impregnated, subject to a rate of duty of 12.5 percent ad
valorem and included in textile category 223. After review of
this ruling, we have concluded that the classification of these
products was incorrect.
In our previous ruling, we determined that nonwovens
cut into rectangles are not made up textile articles under Note
7, Section XI, HTSUSA. However, Note 7(b) defines made up to
include articles produced in a finished state, ready for use.
The Customs Service has interpreted this provision to refer to
the condition of the item at the time of importation, not at the
time the fabric itself is produced.
The items under consideration are nonwoven cloths
manufactured in West Germany. Prior to importation, the
merchandise is cut into rectangles from fabric rolls and folded.
The items enter in a finished state, ready for use, and
consequently are considered made up textile articles. As such,
the items are classifiable in Chapter 63, HTSUSA.
Subheading 6307.10, HTSUSA, provides for other made up
articles, floorcloths, dishcloths, dusters, and similar cleaning
cloths. The described functions of the items under consideration
fall under this heading. The items are not constructed of
cotton and are not classifiable under the subheading for dust
cloths, mop cloths, and polishing cloths, of cotton. The
nonwoven all purpose cloths and dust cloths would consequently be
classified under subheading 6307.10.2030, HTSUSA, as other made
up articles, floorcloths, dishcloths, dusters, and similar
cleaning cloths, other, other. The rate of duty is 10.5 percent
ad valorem, and no textile category applies to goods classified
under this subheading.
For the reasons stated above, HRL 084681 is modified
pursuant to 19 C.F.R. Section 177.9(d).
Sincerely,
John Durant, Director
Commercial Rulings Division