HQ 086438: Hook and loop pad and strip

us-cbp-cross-rulings-hq-086438HQ 086438: Hook and loop pad and stripGuidance

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 086438

                                  February 21, 1990




          CLA-2 CO:R:C:G  086438 DRR

          CATEGORY:  Classification

          TARIFF NO.:  6307.90.9050

          Michael F. Watson
          A. W. Fenton Co.
          P.O. Box 360614
          Columbus, Ohio 43236-0614

          Re:  Hook and loop pad and strip

          Dear Mr. Watson:

               This is in reference to your letter dated December 18, 1989,
          on behalf of Road Pro Electronics, requesting the classification
          of two sizes of hook and loop fabric under the Harmonized Tariff
          Schedule of the United States Annotated (HTSUSA).

          FACTS:

               The merchandise at issue consists of two samples, a hook and
          loop pad which measures one inch by one inch, and a hook and loop
          strip which measures two inches by six inches.  The strip is
          gummed on the edges and one entire side.  The pad and strip will
          be used for mounting CB radios, radar detectors and microphones
          to the dashboards of cars and trucks.  The pad and strip are made
          of 100 percent nylon and will be imported from Taiwan.

          ISSUE:

               Whether the hook and loop pad and strip at issue are
          classifiable under subheading 6307.90.9050, HTSUSA.

          LAW AND ANALYSIS:

               Classification of merchandise under the HTSUSA is in
          accordance with the General Rules of Interpretation (GRI), taken
          in order.  GRI 1 provides that classification shall be according
          to the terms of the headings and any relative section or chapter
          notes.  Heading 6307, HTSUSA, provides for other made-up textile
          articles not specifically provided for.














                                         -2-


                The Explanatory Notes to the HTSUSA constitute the official
          interpretation of the tariff at the international level.  The
          Explanatory Notes to heading 6307 state that "This heading covers
          made up articles of any textile material which are not included
          more specifically in other headings of Section XI or elsewhere in
          the Nomenclature."  Note 7(a) to Section XI, HTSUSA, states in
          part that for the purposes of this section, the expression "made
          up" means cut other than into squares or rectangles.  This note
          would appear to exclude the hook and loop pad and strip from
          heading 6307.  However, Note 7(b) to Section XI, HTSUSA, states
          that the expression "made up" means articles produced in the
          finished state, ready for use without sewing or other working.
          There is nothing in the record to indicate that the pad or strip
          will be further processed after importation.  Also, prior rulings
          have determined that the important factor in applying Note 7(a)
          is whether the article is imported in its finished state.  (See,
          for example, HRL 085384, dated October 20, 1989, which states
          that Note 7(b) defines "made up" to include articles produced in
          a finished state, ready for use.)

          HOLDING:

               The hook and loop pad and strip at issue are classified
          under subheading 6307.90.9050, HTSUSA, as other made up articles
          of textile, with a duty rate of 7 percent ad valorem.

                                  Sincerely,




                                  John Durant, Director
                                  Commercial Rulings Division




























          6 cc: A.D.,N.Y. Seaport
          D. Rimmer library/peh
          086438






















































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