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HQ 083171

December 15, 1989

CLA-2 CO:R:C:G 083171 HP 827895 827962 828064 828065 828063

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.3000; 5603.00.9020

Mr. Jack Golla

Import Manager

Action Industries, Inc.

Allegheny Industrial Park

Cheswick, PA 15024

RE: Square and rectangular scouring sponge pads are not made up articles.

Dear Mr. Golla:

This is in reply to your letters of January 10, 1988 through February 11,

1988, concerning the tariff classification of certain scouring sponge pads, produced
in Italy, under the Harmonized Tariff Schedule of the United States Annotated

(HTSUSA).

FACTS:

The merchandise at issue consists of five styles of scouring sponge pads:

1318 (NYRL 827895); 21893 (NYRL 827962); 21582 (NYRL 828063); 8628 (NYRL 828064);

& 6082 (NYRL 828065). The pads are small, either square or rectangular, of various
colors, and are used for cleaning and scouring purposes. Some of the pads consist
of nonwoven fabric laminated to foam plastic, bonded by heat; others are only
nonwoven fabric. The nonwoven fibrous portions have been impregnated with a
plastics substance, some of which contain silica (quartz). Others contain barium
sulfate (barite), a non-abrasive substance. It is this last group which is of
concern in this instant matter.

ISSUE:

What is the classification of square and rectangular scouring pads, not in a
finished state, containing non-abrasive substances, under the Harmonized Tariff

Schedule of the United States Annotated (HTSUSA)? AW AND ANALYSIS:

Heading 6307, HTSUSA, provides for other made up articles, of textiles.

Heading 5603, HTSUSA, provides for nonwoven fabrics. Classification, therefore,
must be based upon the definition of "made up." The General Rules of Interpreta-
tion (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule.

Goods which cannot be classified in accordance with GRI 1 are to be classified in
accordance with subsequent GRI's, taken in order.

GRI 1 states, in pertinent part:

... classification shall be determined according to the terms of the
headings and any relative section or chapter notes .. ..

Note 7 to Section XI provides, in pertinent part:

For the purposes of [Section XI], the expression "made up" means:

(a) Cut otherwise than into squares or rectangles;

(b) Produced in the finished state, ready for use ( or merely needing
separation by cutting dividing threads) without sewing or other
working (for example, certain dusters, towels, tablecloths, scarf
squares, blankets);

It is our opinion that the merchandise at issue cannot be considered "made
up" for the purposes of Chapter 63, HTSUSA. Note 7(b) to Section XI, HTSUSA, is
explicit in the types of articles considered "made up" under its terms. The
examples indicate that only items which have come directly off the loom or knitting
machine, with relatively minor manipulations necessary to produce the end product,
are "made up." In addition, Section XI, Note 7(a) clearly states that items cut

"otherwise than into squares or rectangles [emphasis added]" are considered "made
up." Finally, an applicable Explanatory Note excludes the instant merchandise from

Chapter 63 inclusion. The Explanatory Notes to the HTSUSA constitute the official
interpretation of the tariff at the international level. General Explanatory Note

(1)(b) to Chapter 63, HTSUSA, states that "[i]n particular, [ subchapter I of Chapter

63] does not include ... [n]onwovens merely cut into squares or rectangles ...

(heading 56.03). No de minimis size limitation is given; therefore, no legal basis for
considering the pads "made up" exists. As a result, classification in Chapter 63 is
impossible.

Chapter Note 3 to Chapter 56, HTSUSA, provides, in pertinent part:

Heading... 5603 cover[s] ... nonwovens, impregnated, coated, covered
or laminated with plastics ... whatever the nature of these materials

(compact or cellular).
Heading 5603 also includes nonwovens in which plastics ... forms the
bonding substance.

Heading... 5603 do[es] not, however, cover:

(b) Nonwovens either completely embedded in plastics ..., or entirely
coated or covered on both sides with such materials, provided
that such coating can be seen with the naked eye with no
account being taken of any resulting change of color (chapter

39...)....

No coating or covering of plastics on the instant merchandise can be
discerned by viewing with the naked eye. As a result, the pads are classifiable
under Heading 5603, HTSUSA.

HOLDING:

The square and rectangular scouring pads, not in a finished state, containing
non-abrasive substances, are classifiable under subheading 5603. 00.9020, HTSUSA,
textile category 223, as nonwovens, whether or not impregnated, coated, covered
or laminated, other, impregnated, coated or covered. The applicable rate of duty
is 12.5 percent ad valorem. The square and rectangular scouring pads, not in a
finished state, containing non-abrasive substances, and laminated with cellulose
sponge, are classifiable under subheading 5603.00.3000, HTSUSA, textile category

223, as nonwovens, whether or not impregnated, coated, covered or laminated,
other, laminated fabrics. The applicable rate of duty is 16 percent ad valorem.

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
issuance of the U.S. Customs Service, which is updated weekly and is available at
your local Customs office.

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 importing the merchandise to
determine the current applicability of any import restraints or requirements.

Sincerely,


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