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July 15, 1999

CLA-2-63:RR:NC:TA:351 E83734

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.10.1000; 6307.10.2020; 6310.10.2010

Mr. Jeffrey B. Slosman
National Wiper Alliance, Inc.
P.O. Box 15868
Asheville, NC 28813-0868

RE: The tariff classification of rags and assorted cloths from Pakistan

Dear Mr. Slosman:

In your letter dated June 21, 1999, you requested a classification ruling.

You stated that you import merchandise from Pakistan for janitorial and industrial use. You have submitted three samples, marked “1”, “2” and “3”, which you term “rag towels”. They are all claimed to be made of 100 percent cotton.

Sample #1 measures 14 by 25 inches. One side has a turned over, sewn in hem; the other side of the cloth has a selvage edge. The top and bottom of the cloth are turned once and sewn across to prevent raveling of the cloth. The fabric is of terry construction. It has a one inch slanted cut at one end of the cloth and an interval in the weave where there are only warp yarns present for a length of approximately one inch. The cloth has stain spots on it.

Sample #2 measures 16 by 19 inches. You also wrote “15x11” on this sample indicating that another size cloth of the same appearance and construction is also imported. We will refer to this item, (for which we have no physical sample) as sample 2(a). Sample 2 is of ribbed terry construction. It is fully hemmed (i.e., the hem is turned under and finished), on the top, bottom and one side of the cloth. The remaining side is a selvage edge. The cloth is lightly soiled. This same description applies equally to sample 2(a). The only difference between the two samples is their size, which does affect their respective classification.

Sample #3 measures 19 by 19 inches. The top and bottom of the cloth have an overcast stitch to prevent unraveling of the fabric. This stitching is in a contrasting color. The top and bottom of the cloth have been unevenly cut; the cloth forms a skewed square. It is lightly soiled and contains stains.

The Explanatory Note for heading 6310 provides for used or new rags. It states , in part: “ (1) rags of textile fabrics (including knitted or crocheted fabrics, felt or nonwovens). Rags may consist of articles of furnishing or clothing or of other old textile articles so worn out, soiled or torn as to be beyond cleaning or repair, (italics added), or of small new cuttings.”

It is the opinion of this office that samples 1 and 3 could not be cleaned or restored to a commercially viable condition as a towel or cloth and that they are beyond cleaning or repair.

The applicable subheading for samples 1 and 3 will be 6310.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for used or new rags, sorted: of cotton. The duty rate will be Free.

The applicable subheading for sample 2(a) will be 6307.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, floorcloths, dishcloths, dusters and similar cleaning cloths, dustcloths, mop cloths and polishing cloths of cotton. The duty rate will be 4.4 percent ad valorem.

The applicable subheading for sample 2 will be 6307.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, floorcloths, dishcloths, dusters and similar cleaning cloths, other, bar mops (measuring 46 to 57 centimeters in length and 38 to 43 centimeters in width) of cotton terry fabric. The duty rate will be 7.9 percent ad valorem.

Sample 2(a) falls within textile category designation 369. Based upon international textile trade agreements products of Pakistan are subject to the requirement of a visa.

Sample 2 currently falls within textile category designation 369-R. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Camille Ferraro at 212-637-7086 or National Import Specialist John Hansen at 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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