CLA-2-63:OT:RR:NC:TA:351
Adele Mattern
135 East Tulane Road
Columbus, OH 43202
RE: The tariff classification of rags/cleaning implements from Philippines
Dear Ms. Mattern:
In your letter dated March 19, 2009, you requested a tariff classification ruling.
The submitted samples are rags made from 100% cotton or comprised of cotton and polyester/rayon blends which are from unused leftover factory scraps from garment factories. The rags are layered approximately 1/4" to 1/2", sewn together, and roughly cut into circles approximately 7” in diameter. You state that these items will be sold in packages of five or more pieces and marketed as rags or cleaning implements.
The applicable subheading for the rags will be 6310.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for used or new rags, scrap twine, cordage, rope and cables, and worn out articles of twine, cordage, rope or cables, of textile materials: Other: Other. The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http:/www.usitc.gov/tata/hts/.
You suggest that the correct classification is in subheading 6310.10.2030, which provides for rags that are sorted by fiber content. However, you state that “the fiber content is sometimes mixed. There are some pieces which are 100% cotton and some comprised of cotton and poly/rayon blends.” Such rags cannot be considered to be sorted.
You also ask about the labeling of these products. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its packaging) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its packaging) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the rags is the consumer who purchases the product at retail.
We are unable to rule on the labeling as to fiber content. Regarding these marking requirements, you should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580.
The samples will be returned as requested.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mitchel Bayer at 646-733-3102.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division