HQ 957750: Modification of DD 806654; jersey knit fabric of weft knit; heading 6002, 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 957750

                         August 22, 1995

CLA-2   R:C:T   957750   jb

CATEGORY: Classification

TARIFF NO.: 6002.92.9000

Zia Rashid
Ainy Inc.
201 Locustwood Blvd.
Elmont, New York, 11003

RE:  Modification of DD 806654; jersey knit fabric of weft knit; heading 6002, HTSUSA

Dear Mr. Rashid:

     On March 9, 1995, Customs issued to you District ruling (DD) 806654 regarding the
classification of certain salvaged pieces of cloth used for wiping, cleaning and wiping.  After
careful review of that ruling, we have determined that it is partly in error.  A sample was
submitted to this office for examination.

     Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623
of Title VI (Customs Modernization) of the North American Free Trade Agreement
Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625),
notice of the proposed modification of DD 806654 was published July 19, 1995, in the
CUSTOMS BULLETIN, Volume 29, Number 29.

FACTS:

     The merchandise at issue consists of salvaged pieces of cotton knit fabric which has been
downgraded and rejected by the knitting mill.  The cloth will be imported from Pakistan and used
for wiping, cleaning and dusting.  They are composed of jersey knit fabric and are of a variety of
sizes.  The imports will be white fabric only and will consist of rectangular "flats" ranging in size
from approximately 16 inches by 18 inches to 30 inches by 30 inches.  The "tubular" pieces are 56
inches by 17 inches (or 28 inches by 17 inches if measured in a flattened condition).  The
merchandise is approximately square cut, i.e., the sides are generally straight, not jagged or
notched.  The items are not worn, soiled or torn, nor are considered small clippings such as
dressmaker's or tailor's.
     In DD 806654, the cloth pieces were classified in subheading 6002.42.0000, HTSUSA,
which provides for other knit or crocheted fabrics: other fabrics, warp knit: of cotton.  It has been
brought to our attention that though the merchandise is correctly classified as jersey knit fabrics,
in heading 6002, HTSUSA, they are of weft knit construction and not warp construction.

ISSUE:

     What is the correct classification of the merchandise at issue?

LAW AND ANALYSIS:

     Classification of merchandise under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) is in accordance with 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.  Where goods cannot be classified solely on the basis of GRI 1, the
remaining GRI will be applied, in the order of appearance.

     Heading 6310, HTSUSA, provides for, among other things, used or new rags.  The
Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to
heading 6310, HTSUSA, state:

     (1) Rags of textile fabrics (including knitted or crocheted fabrics, felt or nonwovens).            Rags may consist of articles of furnishing or clothing or of other old textile articles so          worn out, soiled or torn as to be beyond cleaning or repair, or of small new cuttings      
                 (e.g., dressmakers' or tailors' snippings).
                    
                         *   *   *   *
     
     To fall in the heading, these products must be worn, dirty or torn, or in small pieces.   They are generally fit only for the recovery (e.g., by pulling) of the fibres (which are  usually re-spun), for the manufacture of paper or plastics, for the manufacture of polishing
     materials (e.g., polishing wheels), or for use as industrial wipers (e.g., machine wipers).

     The subject merchandise does not meet the criteria outlined in the EN to heading 6310,
HTSUSA, for classification as "used or new rags".  The merchandise at issue is too large and
lacks mutilation.  Additionally, the merchandise is neither worn out, soiled or torn.
Though the merchandise was correctly described as jersey knit fabric, it was incorrectly classified
as warp knit.  Assuming that the circular knit fabric is not made wholly of cotton yarns exceeding
100nm per single yarn, it should have been classified in subheading 6002.92.9000, HTSUSA.




HOLDING:

     The subject merchandise is correctly classified in subheading 6002.92.9000, HTSUSA,
which provides for other knitted or crocheted fabrics: other: of cotton: other.  The applicable rate
of duty is 13.6 percent ad valorem and the quota category is 222.

     DD 806654 of March 9, 1995, is modified to reflect the classification set forth above.

     In accordance with section 625, this ruling will become effective 60 days after its
publication in the CUSTOMS BULLETIN.  Publication of rulings or decisions pursuant to
section 625 does not constitute a change of practice or position in accordance with section
177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

     This merchandise is subject to a visa requirement only; it does not have a quota.




                              Sincerely,





                              John Durant, Director
                              Commercial Rulings Division