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HQ 089592

September 20, 1991

CLA-2 CO:R:C:T 0895892 CMR


TARIFF NO.: 5806.32.2000

Ms. Barbara Klausman
James J. Boyle & Co.
7505 N.E. Ambassador Place
Suite B
Portland, Oregon 97220

RE: Classification of a wiping cloth; made up, 6307, HTSUSA; not made up, 5806, HTSUSA, narrow woven fabric

Dear Ms. Klausman:

This ruling is in response to your letter of March 12, 1991, on behalf of Mitsubishi International Corporation, requesting a classification ruling for a clean room wiping cloth. A sample and descriptive literature were included with this initial letter. However, Customs required additional information which was requested on March 27, 1991. The additional information was apparently not received by Customs New York office until May 24, 1991.


The wiping cloths at issue are known as "MicroStar" wiping cloths. Two samples were submitted. Both samples are squares measuring approximately 23.5 by 23.5 centimeters. The squares are cut from woven, two-by-two twill fabric consisting of 50 percent polyester/50 percent nylon filament fibers. The fabric is not textured, bleached, dyed, or printed. The width of the fabric from which the squares are cut is 150 centimeters. The squares are cut with a hot knife to make the edges fast.

The wiping cloths are designed for use in dust control in ultra-clean environments such as clean rooms. They are sold in packages of 10 wipes per bag, 180 bags per carton.

The wiping cloths will be manufactured by Teijin Limited of Japan. The goods will be entered at the port of Portland, Oregon.


Are the wiping cloths at issue classifiable as cleaning cloths of heading 6307, HTSUSA, or, narrow woven fabric of heading 5806, HTSUSA, or woven fabric of synthetic filament yarn of heading 5407?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

Note 7, Section XI, HTSUSA, defines the expression "made up" for purposes of the section, in pertinent part, as:

(a) Cut otherwise than into squares or rectangles;

(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);

(c) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unravelling by whipping or by other simple means;

The Explanatory Notes for Section XI further clarify the meaning of "made up" as follows:

(1) Merely cut, otherwise than into squares or rectangles, for example, dress patterns of textile material; articles with their edges pinked (e.g. certain dusters) are also regarded as made up.

The Notes further state:

However, rectangular (including square) articles simply cut out from larger pieces without other working and not incorporating fringes formed by cutting dividing threads are not regarded as "produced in the finished state" within the
meaning of this Note. The fact that these articles may be presented folded or put up in packings (e.g., for retail sale) does not affect their classification.

Customs does not consider the submitted samples to be within the meaning of "made up" as set out in Note 7. The samples are simply cut into squares, and therefore excluded from being considered made up as defined by Note 7(a).

As to Note 7(b), it has been previously stated by Customs in HRL 083171 of December 15, 1989, that "produced in the finished state, ready for use" refers to goods which basically are finished when removed from the loom or knitting machine, with relatively minor manipulations necessary to produce the end product. The last paragraph cited above from the Explanatory Notes supports this view. The samples before us are not "finished" when removed from the loom. They are cut into squares with a hot knife. While this prevents unravelling of the edges, it is considered a simply means as referred to in Note 7(c). Applying Note 7, Section XI, HTSUSA, these wiping cloths are not classifiable as made up articles and, therefore, are precluded from classification as cleaning cloths of heading 6307, HTSUSA.

For classification as narrow woven fabric, the fabric must meet the requirements of Note 5, Chapter 58, which provides, in pertinent part, that "narrow woven fabrics" means:

(a) Woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvedges (woven, gummed or otherwise made) on both edges;

The wiping cloths at issue meet the definition of narrow woven fabrics given above. The edges are cut with a hot knife providing selvedges and the 23.5 cm square shapes do not exceed the 30 cm width limitation.


The wiping cloths at issue are classifiable as narrow woven fabrics of man-made fibers in heading 5806.32.2000, HTSUSA, textile category 229, dutiable at 7 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since 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 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 updated weekly and is available for inspection at your local Customs office.

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 importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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