CLA-2-63:RR:NC:N3:351 H86820

Mr. John Casanas
President
AJ International, Inc.
1300 Midland Ave. - B55
P.O. Box 818
Yonkers, NY 10704

RE: The tariff classification of a cotton dropcloth, a tack cloth, and a paint strainer from China.

Dear Mr. Casanas:

In your letter dated December 20, 2001, you requested a ruling on behalf of Sandler Bros., of Los Angeles, on tariff classification.

You submitted two samples. One is an open-work warp knit bag, approximately 16” x 12” (at its widest point). It is made of two panels sewn together with an overlock stitch, with an elasticized opening at one end. The other is a tack cloth, woven of cotton, with pinked edges, approximately 4½ sq. ft. It has been impregnated with polybutane. The packaging states that it is used to remove dust and fine particles between finished coats when painting, staining, etc. The third item in your request is a cotton drop cloth, described as 100% cotton canvas; no sample was submitted, but we assume the edges are hemmed.

The applicable subheading for the tack cloth will be 6307.10.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, . . . : floorcloths, dishcloths, dusters and similar cleaning cloths: other: dustcloths, mop cloths and polishing cloths, of cotton. The general rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the strainer bag and drop cloth (with hemmed edges) will be 6307.90.9889, HTS, which provides for other made-up articles . . . : other. The general rate of duty will be seven percent ad valorem.

A fourth item was also mentioned in your request, described as “painter’s drop cloth, plastic, polyethylene (no sample enclosed).” We regret that, without a sample swatch and better description, we are unable to rule on this item. Specifically, we need to know the fiber content (if any) and the type of plastic coating (if any). When these are available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division