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HQ 084963


September 29, 1989

CLA-2 CO:R:C:G 084963 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.10.2030

Mr. Robert M. Paisley
General Manager
Baltic Linen Company, Inc.
3495 Lawson Boulevard, P.O. Box 150
Oceanside, N.Y. 11572

RE: Tariff classification of a cloth

Dear Mr. Paisley:

This letter is in response to your inquiry of June 2, 1989, in behalf of the Baltic Linen Company, Inc., requesting tariff classification of a cloth. A sample was submitted for examination.

FACTS:

The sample at issue, described as a mop cloth, measures 17 by 20 inches. It is composed of 100 percent cotton woven fabric and has a jacquard stripe containing the words "supreme linen." You state that the cloth will be used, wet or dry, as a cleaning cloth in food and beverage service areas.

ISSUE:

Whether the cloth is classified as kitchen linen under subheading 6302.91 or as a floor-cloth, dish-cloth, duster or similar cleaning cloth under subheading 6307.10?

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's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6302, HTSUSA, provides for kitchen linen, among other articles. According to the Explanatory Notes, the official interpretation of the HTSUSA at the international level, articles in Heading 6302 are usually made of cotton or flax, and kitchen linen includes articles such as tea towels and glass cloths. Articles such as floor cloths, dish cloths, scouring cloths, dusters and similar cleaning cloths, generally made of coarse, thick material, are not regarded as falling within the description of kitchen linen and are excluded from heading 6302; instead, such items are classifiable in heading 6307, HTSUSA. The merchandise at issue is a cleaning cloth made of coarse material, classifiable in Heading 6307, as other made up articles, subheading 6307.10, HTSUSA, which provides for floorcloths, dishcloths, dusters, and similar cleaning cloths.

We find that the cloth is not classifiable as a dust cloth, mop cloth, or polishing cloth under subheading 6307.10.10, HTSUSA, and thus, is classifiable under subheading 6307.10.20, HTSUSA. The cloth is not a bar mop, classifiable in subheading 6307.10.2020, HTSUSA, since it is not made of cotton terry fabric. Instead, it is classified under subheading 6307.10.2030, HTSUSA.

HOLDING:

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

Sincerely,

John Durant, Director

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