CLA-2 CO:R:C:T 089058 CMR
Richard S. Hoffman, Esq.
Morgan, Lewis & Bockius
1800 M Street, N.W.
Washington, D.C. 10036
RE: Classification of a nonwoven cloth wipe; made up article
Dear Mr. Hoffman:
This ruling is in response to your submission of March 25,
1991, on behalf of DMK Industries, Ltd., requesting the
classification of a cloth wipe made from nonwoven fabric. The
product will be imported from Mexico. A sample was received with
your submission.
FACTS:
The cloth wipe is made from a nonwoven fabric consisting of
50 percent polyester and 50 percent rayon staple fibers. In your
letter, you describe the fabric as being produced by using a
dry-laid process, including air laying and carding to form a
sheet or web. During this process, bales of staple fibers are
first separated mechanically and then deposited onto a rotating,
perforated cylinder or moving screen belt to align the fibers for
the web. The fibers are further separated and aligned using a
rotating drum covered with fine wires and teeth to comb the
fibers into parallel arrays. The fibers are then deposited in a
final web form, either by free fall or with the aid of compressed
air and/or suction. The web structure is bonded by chemical means
using an acrylic resin in a chemical bonding process. After
bonding, the web is dried and then passed through cutting
machines where the cloth wipe is cut to size. Once cut, the
cloth wipe is packaged in units of eight to ten wipes per bag.
The cloth wipe will be marketed as an all purpose cleaning cloth.
ISSUE:
Is the submitted cloth wipe classifiable as a cleaning cloth
of subheading 6307.10.20, HTSUSA, or as nonwoven fabric of
subheading 5603.00.90, HTSUSA?
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LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes, provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
Subheading 6307.10.20, HTSUSA, provides for cleaning cloths
other than cotton dustcloths, mop cloths, and polishing cloths.
In order to be classified as a cleaning cloth of subheading
6307.10.20, HTSUSA, the cloth wipe at issue must be a made up
article within the meaning of the tariff schedule.
Note 7, Section XI, HTSUSA, defines the expression "made up"
for purposes of the section, in pertinent part, as:
(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, table cloths, scarf squares,
blankets);
* * * * * * *
The Explanatory Notes for Section XI further clarify the
meaning of "made up" as follows:
(1) Merely cut, otherwise than into squares or rectangles,
for example, dress patterns of textile material;
articles with their edges pinked (e.g. certain dusters)
are also regarded as made up.
* * * * * * *
The Notes further state:
However, rectangular (including square) articles simply
cut out from larger pieces without other working and not
incorporating fringes formed by cutting dividing threads are
not regarded as "produced in the finished state" within the
meaning of this Note. The fact that these articles may be
presented folded or put up in packings (e.g., for retail
sale) does not affect their classification.
* * * * * * *
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The cloth wipe at issue is an article which is simply cut in
a square or rectangular shape from a larger piece without other
working. Although folded and packaged and sold to consumers as a
completed article, the Explanatory Notes advise these factors are
of no consequence. Therefore, the cloth wipe is not considered a
made up article as defined in the Harmonized Tariff Schedule and
not classifiable as a cleaning cloth of 6307.10.20, HTSUSA.
Heading 5603, HTSUSA, provides for nonwovens, whether or not
impregnated, coated, covered or laminated. The Explanatory
Notes, which are the official interpretation of the HTSUS at the
international level, describe nonwovens of heading 5603, HTSUSA,
as follows:
A nonwoven is a sheet or web of predominantly textile
fibres oriented directionally or randomly and bonded.
These fibres may be of natural or man-made origin. They may
be staple fibres (natural or man-made) or man-made filaments
or be formed in situ.
The Explanatory Notes further state, in relevant part:
Except where they are covered more specifically by
other headings in the Nomenclature, the heading covers
nonwovens in the piece, cut to length or simply cut to
rectangular (including square) shape from larger pieces
without other working, whether or not presented folded or
put up in packings (e.g., for retail sale). These include:
* * * ; handkerchiefs, bed linen, table linen, etc.
The submitted cloth wipe is made of a nonwoven fabric and is
not considered made up, therefore it is classifiable in heading
5603, HTSUSA, as a nonwoven.
HOLDING:
The cloth wipe at issue is classified as a nonwoven in
subheading 5603.00.9090, HTSUSA, which provides for other
nonwovens, whether or not impregnated, coated or covered, other,
of staple fibers. The cloth wipe falls within textile category
223 and is dutiable at 12.5 percent ad valorem.
The designated textile and apparel category may be
subdivided into parts. If so, the visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
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suggest you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service which is updated weekly and
is available for inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, 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