HQ 951901: Wiping cloth with pinked edges; subheading 6307.10.2030, HTSUSA

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                




                            HQ 951901

                         August 14, 1992


CLA:2  CO:R:C:T  951901  jb

CATEGORY:  Classification

TARIFF NO.:  6307.10.2030

Mr. Ryden Richardson, Jr.
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097


RE:  Wiping cloth with pinked edges; subheading 6307.10.2030,    
     HTSUSA


Dear Mr. Richardson:

     This is in response to your letter, dated April 27, 1992, on
behalf of your client, Kanematsu USA, Inc., requesting
classification, under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), of a wiping cloth from Japan
A sample was provided to this office for examination.

FACTS:

     The submitted sample is a 17 by 18 centimeter, rectangular,
knitted, wiping cloth.  The item is made from 70 percent
polyester and 30 percent nylon.  The edges of the cloth are
pinked, but the cut edges have not been made fast with a knitted
or false selvage construction.  The wiping cloth comes with a
plastic case which folds over and when opened reveals two clear
plastic strips that form pockets on each side.  One of these
pockets holds the wiping cloth and the other, the companion
information sheet.

ISSUE:

     Whether the submitted article is a "made up" article of
heading 6307, HTSUSA, or an "other knitted or crocheted fabric"
of heading 6302, HTSUSA?



LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI).  GRI 1 requires
that classification be determined according to the terms of the
headings and any relative section or chapter notes, taken in
order.  Where goods cannot be classified solely on the basis of
GRI 1, the remaining GRI will be applied, in the order of their
appearance.
     
     Note 7, Section XI, HTSUSA, for textiles and textile
articles, defines the expression "made up", 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 prevented from unravelling by whipping or by
         other simple means;

     (d) Cut to size and having undergone a process of drawn     
          thread work;   

     (e) Assembled by sewing, gumming or otherwise (other than   
         piece goods consisting of two or more lengths of        
         identical material joined end to end and piece goods    
         composed of two or more textiles assembled in layers,   
         whether or not padded); or

     (f) knitted or crocheted to shape, presented in the form of
         a number of items in the length.

     The Explanatory Notes to the Harmonized Commodity
Description and Coding System, 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.

     In HQ 088280, dated January 29, 1992 (and subsequently in HQ
951338, dated June 11, 1992), similar merchandise with pinked
edges was determined to be a made up article for tariff
classification purposes.  Although the submitted wiping cloth is
merely cut into a rectangle, the edges of the cloth are pinked. 

As such, it clearly falls within Note 7(a) as interpreted by the
Explanatory Notes, and is classifiable as a made up article of
heading 6307, HTSUSA.

     GRI 5 provides that in addition to the foregoing provisions,
the following rules shall apply in respect of the goods referred
to therein:

     (a) Camera cases, musical instrument cases, gun cases,      
         drawing instrument cases, necklace cases and similar    
         containers, specially shaped or fitted to contain a    
         specific article or set of articles, suitable for long  
         term use and presented with the articles for which they 
         are intended, shall be classified with such articles    
         when of a kind normally sold therewith.  This rule does 
         not, however, apply to containers which give the whole  
         its essential character.

     (b) Subject to the provisions of rule 5(a) above, packing   
         materials and packing containers presented with the    
         goods therein shall be classified with the goods if    
         they are of a kind normally used for packing such goods. 
         However, this provision does not apply when such        
         packing materials or packing containers are clearly     
         suitable for repetitive use.

     The plastic case which holds the wiping cloth and
information sheet meets the requirement of GRI 5(b).
Consequently, they are classified with the wiping cloth in
heading 6307, HTSUSA.

HOLDING:

     The merchandise at issue is classified under subheading
6307.10.2030, HTSUSA, which provides for other made up articles,
including dress patterns: floorcloths, dishcloths, dusters, and
similar cleaning cloths: other...other.  The applicable rate of
duty is 10.5 percent ad valorem.  

     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