CLA-2 CO:R:C:T 0895892 CMR
Ms. Barbara Klausman
James J. Boyle & Co.
7505 N.E. Ambassador Place
Suite B
Portland, Oregon 97220
RE: Classification of a wiping cloth; made up, 6307, HTSUSA; not
made up, 5806, HTSUSA, narrow woven fabric
Dear Ms. Klausman:
This ruling is in response to your letter of March 12, 1991,
on behalf of Mitsubishi International Corporation, requesting a
classification ruling for a clean room wiping cloth. A sample
and descriptive literature were included with this initial
letter. However, Customs required additional information which
was requested on March 27, 1991. The additional information was
apparently not received by Customs New York office until May 24,
1991.
FACTS:
The wiping cloths at issue are known as "MicroStar" wiping
cloths. Two samples were submitted. Both samples are squares
measuring approximately 23.5 by 23.5 centimeters. The squares
are cut from woven, two-by-two twill fabric consisting of 50
percent polyester/50 percent nylon filament fibers. The fabric
is not textured, bleached, dyed, or printed. The width of the
fabric from which the squares are cut is 150 centimeters. The
squares are cut with a hot knife to make the edges fast.
The wiping cloths are designed for use in dust control in
ultra-clean environments such as clean rooms. They are sold in
packages of 10 wipes per bag, 180 bags per carton.
The wiping cloths will be manufactured by Teijin Limited of
Japan. The goods will be entered at the port of Portland,
Oregon.
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ISSUE:
Are the wiping cloths at issue classifiable as cleaning
cloths of heading 6307, HTSUSA, or, narrow woven fabric of
heading 5806, HTSUSA, or woven fabric of synthetic filament yarn
of heading 5407?
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]."
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);
(c) Hemmed or with rolled edges, or with a knotted fringe
at any of the edges, but excluding fabrics the cut
edges of which have been prevented from unravelling by
whipping or by other simple means;
* * * * * * *
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
-3-
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.
* * * * * * *
Customs does not consider the submitted samples to be within
the meaning of "made up" as set out in Note 7. The samples are
simply cut into squares, and therefore excluded from being
considered made up as defined by Note 7(a).
As to Note 7(b), it has been previously stated by Customs in
HRL 083171 of December 15, 1989, that "produced in the finished
state, ready for use" refers to goods which basically are
finished when removed from the loom or knitting machine, with
relatively minor manipulations necessary to produce the end
product. The last paragraph cited above from the Explanatory
Notes supports this view. The samples before us are not
"finished" when removed from the loom. They are cut into
squares with a hot knife. While this prevents unravelling of the
edges, it is considered a simply means as referred to in Note
7(c). Applying Note 7, Section XI, HTSUSA, these wiping cloths
are not classifiable as made up articles and, therefore, are
precluded from classification as cleaning cloths of heading 6307,
HTSUSA.
For classification as narrow woven fabric, the fabric must
meet the requirements of Note 5, Chapter 58, which provides, in
pertinent part, that "narrow woven fabrics" means:
(a) Woven fabrics of a width not exceeding 30 cm, whether
woven as such or cut from wider pieces, provided with
selvedges (woven, gummed or otherwise made) on both edges;
* * * * * *
The wiping cloths at issue meet the definition of narrow
woven fabrics given above. The edges are cut with a hot knife
providing selvedges and the 23.5 cm square shapes do not exceed
the 30 cm width limitation.
HOLDING:
The wiping cloths at issue are classifiable as narrow woven
fabrics of man-made fibers in heading 5806.32.2000, HTSUSA,
textile category 229, dutiable at 7 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
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agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
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