HQ 084203: Tariff Status of Bale Covers

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 084203

                          JULY 19, 1989



CLA-2 CO:R:C:G  084203  PR

CATEGORY:  Classification

TARIFF NO.:  6307.90.9030

Thomas G. Travis, Esquire
Sandler, Travis & Rosenberg
444 Brickell Avenue
Miami, Florida  33131-2470

RE:  Tariff Status of Bale Covers

Dear Mr. Travers:

     This ruling is in response to your letter of March 21, 1989,
on behalf of Aliaza, Inc., concerning the classification of bale
covers.  The country of origin was not stated.  However, for the
purposes of this ruling, we will assume that the merchandise is
entitled to Column 1 rates of duty.

FACTS:

     No sample was received by this office.  Accordingly, we will
utilize the descriptions submitted by the importer's
representative and by our National Import Specialist.

     The woven polypropylene bale covers are produced by cutting
 two tubular woven fabrics and joining them along the width.  the
edges are sealed fast by a heat process.  The finished bale
covers are imported in dimensions of 72 by 115 inches ready for
use in the packaging of textile fibers in their imported
condition.

ISSUE:

     The issue presented is whether the subject merchandise is
"made up" and, therefore, is classifiable under Heading 6307,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), or whether the covers are classifiable as fabric, in
Chapter 55, HTSUSA.

LAW AND ANALYSIS:

     Note 7 to Section XI, HTSUSA, states, in pertinent part:

     7. For the purposes of this Section, the expression "made
     up" means:
                    *         *         *

          (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);

                    *         *         *

     The Explanatory Notes to the Harmonized Commodity
Description and Coding System, the official interpretation of the
HTSUSA at the international level, elaborate somewhat on note
7(b).

     Goods of this kind include products knitted or crocheted
     directly to shape and certain dusters, towels, table cloths,
     scarf squares, blankets, etc., with threads along the warp
     left unwoven or the weft edges cut to form a fringe.  Such
     articles may have been woven separately on the loom, but
     may also have been simply cut from lengths of fabric which
     have bands of unwoven threads (generally warp threads) at
     regular intervals.

     The implication that may be taken from the Explanatory Notes
is that the merchandise, to be considered "Produced in the
finished state," must be complete (except for possibly the
cutting of dividing threads) as it comes off the loom.  However,
the Explanatory Notes do not clearly require that implication.
Note 7(b) only requires that for goods to be "made up" for
purposes of Section XI, those goods must be finished and ready
for use.  No limitation is placed on the word "Produced".
Accordingly, there is no authority to hold that the word
"Produced" in Note 7(b) is limited in scope to merchandise in its
condition as it leaves the loom or knitting machine and that any
other manufacturing process performed on that merchandise will
remove it from the purview of that note.  We interpret the word
"Produced" in Note 7(b) to refer to the condition of the
merchandise at the time of importation.

HOLDING:

     The liners are considered to be "made up", pursuant to Note
7(b), and are, therefore, classifiable under the provision for
other made up articles, in Subheading 6307.90.9050, HTSUSA, with
duty at the Column 1 rate of 7 percent ad valorem.  This
merchandise is currently not subject to any international textile
restraints.


     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 importing the merchandise to determine
the current applicability of any import restraints or
requirements.


                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division