CLA-2 CO:R:C:T 950104 JS
Scott Reynolds
Robert F. Barnes
Customs Brokers
1909 East 38 1/2 Street
Austin, Texas 78723
RE: "Ayate" wash cloth; exfoliating cloth; other made up
articles classifiable heading 6302, HTSUSA
Dear Mr. Reynolds:
This is in reference to your letter of July 11, 1991, on
behalf of Bee Creek Botanicals, requesting classification of
agave washcloths, tradename "Ayate", to be imported from Mexico.
FACTS:
A sample of the merchandise at issue was provided for our
inspection. It is a loosely woven cloth measuring approximately
13 square inches, which is made of 100 percent agave fibers. The
cloth contains 90 weft threads and 125 warp threads which are
hand woven and hand tied to form selvedged edges; two corners are
knotted to prevent fraying. You state that the item may be used
as an exfoliating cloth, as well as a "utility scrubber" in the
household.
ISSUE:
Whether the present item is considered a face or hand cloth
of heading 6302 or, in the alternative, a made up article of
heading 6307, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).
LAW AND ANALYSIS:
Classification of merchandise under the tariff is in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 states that classification shall be in
accordance with the terms of the headings and any relevant
section or chapter notes.
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All items considered for classification under Chapter 63,
which provides for other made up articles, must meet the
definition of "made up textile articles" as defined in Note 7 to
Section XI. In relevant part, that definition requires that the
item is constructed as follows:
(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, tablecloths, scarf squares, blankets)
The present merchandise qualifies as a "made up textile article"
since each one is individually woven to shape (rather than cut
from a larger piece) and finished with selveged edges and knots.
It is ready for use and needs no other working.
Heading 6302, provides for, inter alia, toilet linen. The
Explanatory Notes (EN), the official interpretation of the tariff
at the international level, state that this heading includes
articles that are usually made of cotton or flax, but sometimes
also of hemp, ramie or man-made fibres, etc.; they are normally
of a kind suitable for laundering. They include:
(3) Toilet Linen, e.g., hand or face towels (including
roller towels), bath towels, beach towels, face cloths
and toilet gloves.
The Ayate cloth, which is made of agave (a hemp or flax-like
plant which yields valuable fibers) is similar to toilet linen,
which the EN indicate can include items such as hand and face
cloths, and toilet gloves. The wide, open weave and rough
texture of the present cloth suggest that it is ideally suited
for use as an exfoliating cloth, as you indicated. In
Headquarters Ruling Letter (HRL) 087148 (July 2, 1990), we
classified a similar article, made of 100 percent polyester
abrasive material backed with a pocket of satin-like material and
terry, as a facial mitt under heading 6302. Although the EN
state that such articles are normally of a kind suitable for
laundering, this language does not serve to exclude some items
which would not withstand laundering, as in the present case.
Nor did this language prohibit classification of the wash mitt of
HRL 087148 under heading 6302, although it was made as described
above and thus also difficult to launder.
In the alternative, classification under heading 6307 as a
floorcloth, dishcloth, duster or similar cleaning cloth is
rejected, since the wide open weave would not retain dirt, dust,
water, or liquid or abrasive cleaners (however, use of this cloth
on the body, as an exfoliating cloth, does not require these
properties since it is the rough surface of the weave which
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performs the intended function). Moreover, rigorous scrubbing
against hard household surfaces would virtually destroy the
subject cloth, whereas a true cleaning cloth is constructed so as
to withstand such use. Therefore, despite your statement that
the present merchandise may also be used as a "utility scrubber"
in the house, we find that the article is not designed or
constructed to fit this class of merchandise.
HOLDING:
The merchandise at issue is properly classified under
subheading 6302.99.2000, HTSUSA, which provides for bed linen,
table linen, toilet linen and kitchen linen: other: of other
textile materials: other, textile category 899, and dutiable at
the rate of 9.5 percent ad valorem.
Although Mexico is designated a beneficiary developing
country under the Generalized System of Preferences, there is no
provision in the HTSUSA which would render this article duty
free under the Trade Act of 1974.
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 your client check, close to the time of shipment, the
Status Report on Current Import Quotas (Restraint Levels), an
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, your client should contact its
local Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division