CLA-2-63:S:N:N3H:351 878548

Mr. Fred Barber
Barco, Inc.
7979 South 180th Street
Kent, WA 98032

RE: The tariff classification of cotton terry rags from Pakistan.

Dear Mr. Barber:

In your letter dated September 17, 1992, you requested a tariff classification ruling.

You have submitted six samples of new and used rags. They are bleached 100 percent cotton terry towels, measuring approximately 18 by 16 inches, which have 4 inch deep V-shaped cuts and slight stains. Your letter states that the defective towels will be imported in bales weighing 200 pounds. Additionally, you indicate that the imported product will be principally used as wiping rags for industrial use.

It is believed that it is not possible or economically feasible to repair these items. Therefore, as this merchandise is imported in a torn condition, we would consider them to be rags.

The applicable subheading for the rags will be 6310.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for used or new rags...sorted...other...of cotton. The rate of duty will be free. The rags do not fall within any textile category designation and, therefore, will not be subject to quota or visa.

Please note, following General Note 5, HTS, if some of the imported articles in any shipment are not worn out, spoiled or torn so as to be beyond cleaning or repair, the imported merchandise could be considered commingled and, therefore, the entire shipment may be classified as towels.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport