CLA-2-54:S:N:N3H:352 870215
Mr. David E. Goldstone
Daruth Agency Ltd.
1105 - 35 Wynford Heights Cres.
Toronto, Ontario Canada M3C 1K9
RE: The tariff classification of 100% polyester woven fabric
from Japan.
Dear Mr. Goldstone:
In your letter dated December 24, 1991, you requested a
tariff classification ruling.
The submitted sample, identified as a "wiping cloth" is a
2x1 twill woven fabric. Based on the laboratory analysis, the
polyester is textured. Information provided indicates that this
merchandise is composed of 100% super micro polyester filament
yarns. Your brochure states that this product can be used for
cleaning eyeglasses, kitchen products, automobiles and industrial
purposes.
Section XI, Note 7 states in part that "made up" means;
(a) cut otherwise than into squares and rectangles;
(b) produced in the finished state ready for use (or
merely needing separation by cutting dividing
threads) without sewing or other working.......
The General Explanatory Notes to Section XI in amplifying Note 7 to
Section XI states in part that, "rectangular (including squares)
articles simply cut from larger pieces without other working and not
incorporating fringes formed by dividing threads are not regarded as
"produced in the finished state" within the meaning of this note. The
fact that these articles may be presented folded or put up in packings
(e.g., for retail sale) does not affect their classification". Since
this product is imported in squares or rectangles, it does not meet the
definition of "made up".
In addition, you requested information concerning how the
merchandise should be marked. Section 304 of the Tariff Act of 1930,
as amended requires that articles imported into the United States
should be marked with their country of origin in a conspicuous place as
legibly, indelibly, and permanently as the nature of the article (or
container) will permit. The name of the country of origin for the
merchandise must appear in English.
The applicable subheading for this wiping cloth will be
5407.52.2020, Harmonized Tariff Schedule of the United States (HTS),
which provides for woven fabrics of synthetic filament yarn, including
woven fabrics obtained from materials of heading 5404, other woven
fabrics containing 85 percent or more by weight of textured polyester
filaments, dyed, other, weighing not more than 170 g/m2. The rate of
duty will be 17 percent ad valorem.
The woven fabric pieces fall within textile category designation
619. Based upon international textile trade agreements, products of
Japan are subject to quota restrictions and visa requirements.
The designated textile and apparel category may be subdivided into
parts. If so, 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 that you check, close to the time of shipment,
the Status Report On Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available for
inspection at your local Customs Office.
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