NY 850859
Apr 09 1990
CLA-2-63:S:N:N3H:351 850859
Mr. Mark S. Greenberg
American Shipping Co.,Inc.
P.O. Box 1486
Englewood Cliffs, N.J. 07632
RE: The tariff classification of cotton terry rags from
Pakistan.
Dear Mr. Greenberg:
In your letter dated March 21, 1990 (your reference #
29308), on behalf of Gross Kobrick Corporation, you requested a
classification ruling.
You presented samples of defective cotton terry towels and
stated that they were factory rejects. Each item is a completed
towel which you claim has been found to contain imperfections.
The imperfections include misweaves, missing sections of pile,
torn or missing selvages, improper hemming, rips, tears and wrong
or off sizes. You stated that stacks of imperfect towels are
slashed in two directions with a razor at the factory in such a
way as to remove a triangular piece from each towel. The stacks
of slashed imperfect towels will be put into bales of
approximately 50 pieces per bale and will be shipped without
further packing.
We believe that it is not possible or economically feasible
to repair these items. Since in their imported condition, they
are torn, we would consider them to be rags.
The applicable subheading for the rags will be 6310.90.2000,
Harmonized Tariff Schedule of the United States (HTS), which
provides for rags. They are free of duty. They also do not fall
within any textile category designation and, therefore, will not
be subject to quota or visa.
Please note, following General Note 5, HTS, if some of the
imported articles in any shipment are not worn out, soiled or
torn so as to be beyond cleaning or repair, the imported
merchandise could be considered commingled and, therefore, the
entire shipment may be classifiable as towels.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport