HQ 953304: Classification of General Purpose Cleaning Cloths

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 953304
                                
                         March 23, 1993


CLA-2 CO:R:C:T 953304 jlj

CATEGORY: Classification

TARIFF NO.: 6307.10.1000

Ms. Cindy Young
Stout Industries
42 East Mulberry Street
Lebanon
Ohio 45036

RE: Classification of General Purpose Cleaning Cloths

Dear Ms. Young:

     In your letter of November 27, 1992 (received in this office
on January 27, 1993), you requested a tariff classification under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) for two cloths to be manufactured in India, Bangladesh,
Turkey or Pakistan.  A sample cloth was forwarded to this office
along with your letter.

FACTS:

     You state that the cloths are textiles of the same class and
kind.  Both are made of 100 percent cotton fiber.

     The shop towel is marketed as a shop towel product for use
in a home or commercial environment.  

     The terry towel can be used as an all purpose cleaning
towel.  

     The sample submitted is a general purpose cleaning cloth
made of 100 percent cotton woven terry toweling fabric.  It is
white and measures approximately 41 centimeters by 44
centimeters.  All four edges are hemmed.  You state that the
cloth will be used to polish cars and to dust.

ISSUE:

     What is the correct HTSUSA classification for this towel?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRIs), taken
in order.  GRI 1 provides that classification shall be according
to the terms of the headings and any relevant section or chapter
notes.

     Although of bar mop construction, the instant towel is too
small to be classified as such.  The Guidelines for the Reporting
of Imported Products in Various Textile and Apparel Categories,
CIE 13/88, state in part:  "While sizes may vary, only those bar
mops which are 38 to 43 centimeters in width and 46 to 57
centimeters in length fall within category 369.  Tolerances are
not allowed.  Bar mops not within the stated dimensions are
included in category 363." Based on the following, the instant
cloth will be considered a polishing cloth and will go in textile
category 369.

     In Customs Headquarters Ruling Letter (HRL) 084794 of
September 7, 1989, Customs ruled on a similar towel measuring 38
centimeters by 40 centimeters.  The towel was intended to be used
as a cleaning cloth for auto detail shops but it was stated that
the cloth could be purchased for other uses.

     HRL 084794 stated in part:

     The merchandise under consideration would be used to apply
     and to remove wax, shampoo, cleaners or other liquids or to
     be used as a cloth to remove dust and dirt.  Other uses of a
     towel of this size and construction would be as a cleaning
     cloth to remove dirt or absorb liquids.

     Heading 6307.10, HTSUSA, covers other made up articles,
including floorcloths, dishcloths, dusters and similar cleaning
cloths.  Note 7 of Section XI defines "made up" to mean, inter
alia, hemmed or with rolled edges.  The cloths under
consideration fall under this heading, because they are "made up"
and are principally used as cleaning cloths.

     Subheading 6307.10.1000, HTSUSA, includes dustcloths, mop
cloths and polishing cloths of cotton.  The use of the
merchandise is principally for polishing, dusting and mopping,
therefore it is classified under this subheading.

HOLDING:

     The instant cloths are classified under the provision for
other made up articles, including dress patterns: floorcloths,
dishcloths, dusters and similar cleaning cloths: dust cloths, mop
cloths and polishing cloths, of cotton, in subheading
6307.10.1000, HTSUSA, textile category 369, dutiable at the rate
of 4.7 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 applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements. 

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Inasmuch
as part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U. S. Customs Service, which is available for
inspection at your local Customs office.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division