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HQ 088671

September 4, 1991

CLA-2 CO:R:C:T 088671 CRS


TARIFF NO.: 6307.90.8610

William D. Outman II
Baker & McKenzie
815 Connecticut Avenue, N.W.
Suite 1100
Washington, D.C. 20006-4078

RE: Applicability of textile quota category 369 to surgical towels of 55 percent ramie/45 percent cotton or 55 percent linen/45 percent cotton, is not within Customs' jurisdiction. NYRL 858675 affirmed.

Dear Mr. Outman:

This is in reply to your letters dated February 1, 1991, and February 6, 1991, on behalf of Multi M International, Inc., on the classification and quota status of a surgical towel from China. In addition, this matter was discussed in a meeting at Customs Headquarters on June 25, 1991, with members of my staff and representatives from the Office of Trade Operations and the Committee for the Implementation of Textile Agreements (CITA).


The merchandise in question is a surgical towel measuring 17 inches by 27 inches and weighing approximately 79 ounces. The imported towels will be made from woven fabric of either 55 percent linen, 45 percent cotton, or 55 percent ramie, 45 percent cotton.

The towels in question were the subject of New York Ruling Letter (NYRL) 858676 dated December 24, 1990, and were classified in subheading 6307.90.8710 (now subheading 6307.90.8610), Harmonized Tariff Schedule of the United States Annotated (HTSUSA), quota category 369 (other cotton manufactures). You have asked for reconsideration of this ruling. Although you do not dispute the classification of the towels at issue, you contend that they are not subject to quota category 369 since they are not of cotton, but rather of linen or ramie.


Whether textile quota category 369 is applicable to towels of 55 percent linen, 45 percent cotton, or 55 percent ramie, 45 percent cotton.


Executive Order No. 11,651, 3 C.F.R. 676-678 (1971-1975), as amended by Executive Order No. 11,951, 3 C.F.R. 79 (1978) and Executive Order No. 12,188, 3 C.F.R. 131-138 (1980), reprinted in, 7 U.S.C. 1854 app. at 314-315 (1988), established the Committee for the Implementation of Trade Agreements (CITA). Pursuant to section 1(c), CITA is authorized to take appropriate action concerning textiles and textile products under Articles 3 and 8 of the Arrangement Regarding International Trade in Textiles (the Multifiber Arrangement, "MFA"), and to act on any other matters affecting textile trade policy.

The quota category attached to the provision for surgical towels at the ten digit level is a statistical annotation to the HTSUSA. The textile quota categories are administered by Customs for CITA pursuant to CITA's authority under Executive Order No. 11,651. Consequently, the applicability of quota category 369 to merchandise classifiable in subheading 6307.90.8610, HTSUSA, is not within Customs' jurisdiction.


The towels in question are classifiable in subheading 6307.90.8610, HTSUSA, under the provision for other made up articles, including dress patterns; other; other; surgical towels...of cotton; surgical towels. The towels are dutiable at the rate of 7 percent ad valorem and are subject to textile quota category 369.

Pursuant to the foregoing, NYRL 858675 dated December 24, 1990, is affirmed.


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