CLA-2-52:S:N:N6:352 883784
Mr. Fahrli Ilias Hashish
Fahrli Ilias Hashish, CHB
813 Arbor Vitae
Inglewood, CA 90301
RE: The tariff classification of woven fabric from India.
Dear Mr. Hashish:
In your letter dated March 2, 1993, on behalf of your client
Impex International, you requested a tariff classification
ruling.
You have submitted a sample of fabric identified as
"disposable wipes". Based on the information provided, this
merchandise is composed of 100% cotton. The twill woven fabric
is bleached and cut into 9" x 9" squares.
This textile product weighs approximately 145 g/m2 and it would
be used
for sanitary purposes and other small cleaning tasks.
Section XI, Note 7 of the Harmonized Tariff Schedule of the
United
States (HTS), defines the expression "made up" textile articles.
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 the product is imported in squares that have been simply
cut from a larger piece of fabric, this merchandise does not
qualify as a "made up" textile article under Note 7 (a). In
addition, in explaining the meaning of "produced in the finished
state", the Explanatory Notes to Section XI states in part that :
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.
It is therefore clear that these "disposable wipes" are not
considered "made up" articles by operation of Note 7 (b).
Consequently, this product remains classifiable as woven fabric.
The applicable subheading for the "disposal wipes" will be
5208.23.0000 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, 3-thread or 4-thread twill,
including cross twill. The rate of duty will be 9.1 percent ad
valorem.
This woven fabric falls within textile category designation
317. Based upon international textile trade agreements, products
of India are subject to quota and the requirement of a visa.
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