HQ 089903: Modification of "Bio Duster"; cleaning cloth; classifiable as other furnishing article subheading 6307.10, HTSUSA

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                           HQ 089903

                        December 4, 1991


CLA-2  CO:R:C:T  089903  JS

CATEGORY:  Classification

TARIFF NO.:  6307.10.2030

Mr. P.H. Lin
Hung Hsu Textile Co., Ltd.
P.O. Box 45
Ho-Mei. Chang-Hua
50899 Taiwan, R.O.C.

RE:  Modification of "Bio Duster"; cleaning cloth;
     classifiable as other furnishing article subheading 6307.10,
     HTSUSA

Dear Mr. Lin:

     We have had occasion to review New York Ruling Letter (NYRL)
849174, issued to you on January 31, 1990.  In order to maintain
uniformity, that ruling must be modified to reflect Customs
position in Headquarters Ruling Letter (HRL) 085671, which
involved similar merchandise.

FACTS:

     Although no sample was provided, the merchandise at issue
in the NYRL was described as a cloth composed of eight layers of
woven rayon fabric stitched together with five parallel rows of
stitching.  The cloth measured 30 square inches.  This was
classified under subheading 6307.90 as an other made up article.

     The cloth which was the subject of HRL 085671 was a two-
layered woven viscose rayon square measuring 25.4 centimeters.
In that ruling, we stated that cleaning cloths of double-layered
construction are classifiable under subheading 6307.10, on the
basis 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."

ISSUE:

     Whether it is appropriate to classify a multi-layered cloth
stitched in parallel rows as a cleaning cloth of subheading
6307.10, HTSUSA.

                              2


LAW AND ANALYSIS:

     Since the cloth of NYRL 849174 is a multi-layered cloth
intended for dusting or cleaning, is constructed to carry out
such a purpose, and is stitched around the edges, it comes within
the purview of subheading 6307.10.  As previously noted, a
cleaning cloth is not excluded from this heading merely because
it is made from two (or more) pieces of fabric.

HOLDING:

     In order to render uniformity in the classification of
cloths designed for cleaning, we hereby modify NYRL 849174 to
reflect a classification of 6307.10.2030, HTSUSA, which provides
for other made up articles, including dress patterns:
floorcloths, dishcloths, dusters and similar cleaning cloths:
other, other, dutiable at the rate of 10.5 percent ad valorem.

     In order to assure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying NYRL
849174 to reflect the above classification effective with the
date of this letter.  However, if you disagree with the legal
basis for our decision, we invite you to submit any arguments you
might have with respect to this matter for our review.  Any
submission you wish to make should be received within 30 days of
the date of this letter.

     This notice to you should be considered a modification of
New York ruling letter 849174 under 19 CFR 177.9(d)(1) (1989).
It is not to be applied retroactively to NYRL 849174 (19 CFR
177.9(d)(2) (1989)) and will not, therefore, affect the
transaction for importation of your client's merchandise under
that ruling.  However, for the purposes of future transactions in
merchandise of this type, including that for which the present
classification was requested, NYRL 849174 will not be valid
precedent.  We recognize that pending transactions may be
adversely affected by this modification, in that current
contracts for importation arriving at a port subsequent to the
release of NYRL 849174 will be classified under the new ruling.
If such a situation arises, you may, at your discretion, notify
this office and apply for relief from the binding effects of the
new ruling as may be dictated by the circumstances.  However,
please be advised that in some instances involving import
restraints, such relief may require separate approvals from other
government agencies.






                              3


     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.


                                   Sincerely,




                                   John Durant, Director
                                   Commercial Rulings Division