The tariff classification of a stitch-bonded nonwoven cleaning cloth of man-made fibers

N256421 September 4, 2014 CLA-2-60:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 6005.33.0020 Holly M. Cook Calderon Textiles, LLC 6131 W. 80th Street Indianapolis, IN 46278 RE: The tariff classification of a stitch-bonded nonwoven cleaning cloth of man-made fibers Dear Ms. Cook: In your letter dated August 12, 2014, you requested a tariff classification ruling. One fabric sample was provided. Style DZ3027T is a rectangle of nonwoven fabric, characterized by parallel rows of textile stitching running the length of the fabric. The stitch-bonding for the instant fabric was done using separate red and white yarns. In your letter and subsequent correspondence, you state that the 12-inch by 21-inch nonwoven substrate is composed of 54% polyester and 46% polypropylene, and has been stitch-bonded with 100% polyester threads. You indicate that the fabric weighs 165 g/m2, and that the ends and edges of the fabric will not be hemmed, sewn or otherwise finished. You state that the towels will be bulk-packed, 96 towels in a dispenser carton, and are intended to be used for cleaning purposes. Chapter 60, Harmonized Tariff Schedule of the United States, (HTSUS), provides for knitted or crocheted fabrics. Note 3 to Chapter 60 states that: Throughout the tariff schedule any reference to “knitted” goods includes a reference to stitch-bonded goods in which the chain stitches are formed of textile yarn. In addition, General Note (A)(II)(1) to Chapter 60 of the Explanatory Notes (EN), which have been ruled to be the official interpretation of the Harmonized Code at the international level, states in part that Chapter 60 covers: (1)  Stitchbonded goods, provided they have chain stitches formed by textile yarn.        The stitchbonding process uses a machine similar to a warp knitting machine which operates with pointed, openhooked needles (sliding needles) and heald wire. These needles make it possible to form stitches with textile yarns which produce fabrics from a web of textile fibres or one or more layers of textile yarns, or from a ground of, for example, a woven fabric or a sheet of plastics. In some cases, the stitches may form or fix a pile (whether or not cut). Quilted products assembled by stitchbonding are excluded (heading 58.11). In your letter you mention classification as a pile fabric under subheading 6001.22, HTSUS. However, classification under subheading 6001.22 is precluded as this fabric is not of pile construction. The applicable subheading for Style DZ3027T will be 6005.33.0020, HTSUS, which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004: of synthetic fibers: of yarns of different colors, other: stitch-bonded goods. The general rate of duty will be 10 percent ad valorem. The rate of duty provided above is the rate applicable to this merchandise when it is manufactured in a country with which the United States has Normal Trade Relations. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs. 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 Maribeth Dunajski at maribeth.dunajski@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division