CLA-2 CO:R:C:G 085671 CRS

Ms. Julie M. Bayliss
Commercial Consul
Australian Consulate-General
611 North Larchmont Boulevard
Los Angeles, CA 90004-9998

RE: Woven Viscose Rayon Cloth; Modification of NYRL 825708

Dear Ms. Bayliss:

This is in reply to your letter dated September 11, 1989, on behalf of Mr. and Mrs. Robert Suviste, in which you requested a binding ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) concerning a woven viscose rayon cloth. A sample was submitted with your request.

FACTS:

The article in question is a piece of woven viscose rayon fabric that after having been folded and sewn together measures approximately 10 inches squared. The product is marketed under the name Selleys Super Cloth and is used as a household cleaning cloth. The article is manufactured in Japan and cut and packaged in Australia. You state that the cloth has not been chemically treated in any way.

New York Ruling Letter (NYRL) 825708 dated January 11, 1988, issued before the HTSUSA entered into force, stated that cloths similar to the article in question, would be classifiable in subheading 6307.90.9000, HTSUSA.

ISSUE:

Whether a cleaning cloth of double-layered construction is classifiable under subheading 6307.10, HTSUSA.

LAW AND ANALYSIS:

Articles are classified under the HTSUSA according to the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of articles is to be determined according to the terms of the headings and any relevant section or chapter notes and, provided that the headings or notes do not otherwise require, according to the remaining GRIs taken in order.

Heading 6307, HTSUSA, covers other made up articles, including dress patterns. Note 7 to Section XI (Textiles) defines "made up" to mean, inter alia, hemmed or with rolled edges. The cloth has been folded and the edges sewn together, or hemmed; thus the cloth is made up for the purposes of heading 6307.

Subheading 6307.10, HTSUSA, covers floorcloths, dishcloths, dusters and similar cleaning cloths. The cloth at issue is used for a variety of household purposes, e.g., washing dishes, cleaning bathrooms and kitchens, and mopping up spills.

The word "cloth" when used alone and in relation to material generally refers to material consisting of a single layer of fabric. Nevertheless, it is the position of the Customs Service that the definition of specific purpose "cloths" such as those enumerated in subheading 6307.10, is not similarly restricted, so long as the articles are used for cleaning purposes and reasonably fit the description of floorcloths, dishcloths, dusters or similar cleaning cloths. The article in question is used and advertised as a cleaning cloth and, indeed, is particularly suited to its task. It is highly absorbent, can withstand harsh treatment and abrasive cleaners, and is easily cleaned.

A cleaning cloth is therefore not excluded from this heading merely because it is made from two pieces of fabric that have been sewn together on all four sides or from a single piece of fabric folded over and sewn closed on three sides. Thus, absent a legal note to the contrary, Customs will adhere to the plain language of the subheading. Since the article in question is primarily used as a cleaning cloth, it is therefore classifiable under subheading 6307.10, which specifically provides for such cloths.

HOLDING:

The cleaning cloth at issue is classifiable in subheading 6307.10.2030 under a provision for floorcloths, dishcloths, dusters and similar cleaning cloths, other, other, and is dutiable at a rate of 10.5 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, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Pursuant to section 177.9 of the Customs Regulations (19 CFR 177.9), NYRL 825709 of January 11, 1988, is modified in conformity with the foregoing.

Sincerely,

John Durant, Director
Commercial Rulings Division