NY 861705
APR 11 1991
CLA-2-52:S:N:N3H:352 861705
Mr. Dave Smith
Textus International, Inc.
3960-E Prospect Avenue
Yorba Linda, CA 92686
RE: The tariff classification of cotton cheesecloth fabric from
China.
Dear Mr. Smith:
In your letter dated March 20, 1991, you requested a
classification ruling.
The submitted sample, identified as "cheesecloth", is a
bleached plain woven fabric. Based on the information provided,
the merchandise is composed of 100% cotton. The fabric contains
7.9 single yarns per centimeter in the warp and 4.7 single yarns
per centimeter in the filling. It weighs 19.25 g/m2 and will be
imported in pieces that measure approximately 182 centimeters in
length and 91.44 centimeters in width. Based on information
submitted and laboratory analysis, the average yarn number has
been calculated to be 65 in the metric system. You state that
this merchandise will be used for canning, straining and basting,
in addition to other culinary and cooking purposes.
Your inquiry suggests that this merchandise would be
classified under heading 6307, Harmonized Tariff Schedule of the
United States (HTS). This is not correct. Heading 6307, HTS,
applies to made up articles of textile fabric. Section XI, Note
7 states in part that "made up" means:
(a) cut otherwise than into squares and rectangles;
(b) produced in the finished state ready for use (or merely
needing separation by cutting dividing threads) without
sewing or other working...
Since this product is imported in squares and rectangles and will
be cut to the appropriate size before use, it does not meet the
definition of "made up". Therefore, it is excluded from
classification as an other made up article in heading 6307, HTS.
The applicable subheading for the woven fabric will be
5208.21.4090, HTS, which provides for woven fabrics of cotton,
containing 85 percent or more by weight of cotton, weighing not
more than 200 g/m2, bleached, plain weave, weighing not more than
100 g/m2, of numbers 43 to 68, cheesecloth. The duty rate will
be 10.2 percent ad valorem.
The cheesecloth falls within textile category designation
226. Based upon international textile trade agreements, products
of China are subject to quota restrictions and visa requirements.
The designated textile and apparel category may be subdivided into
parts. If so, 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 suggest that 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 available for
inspection at your local Customs office.
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