United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 HQ Rulings > HQ 0081095 - HQ 0084712 > HQ 0084639

Previous Ruling Next Ruling


HQ 084639


September 15, 1989

CLA-2 CO:R:C:G 084639 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 5503.90.0000; 5601.30.0000

Mr. John F. McManus
C.Itoh & Co. (America) Inc.
335 Madison Avenue
New York, NY 10017

RE: Classification of Fibrous Ion Exchange Resin

Dear Mr. McManus:

This is in reply to your letter of May 10, 1989, requesting a reconsideration of divergent Binding Rulings on fibrous ion exchange resin for use in tobacco filters. Reference NYRL 833803 of January 27, 1989, and HRL 083646 of April 28, 1989.

FACTS:

The merchandise at issue consists of fibrous ion exchange resin, Type TIN-100, described in U.S. Patent No. 4,700,723 of October 20, 1987. It appears that the fibers are formed by extrusion and that nothing is added to them after extrusion. They are composed of 33.33 percent polyethylene and 66.67 percent cross-linked polystyrene sulfonic acid. You state the cut fiber is between 0.2mm and 1mm in length; the information in the patent is that the fibers may be from 0.1mm to 200mm. The fibers in the sample submitted are at the low end of this range.

On January 5, 1988, you requested a binding ruling of this merchandise from our New York office. You were subsequently assigned NYRL number 827523. In late October of that year, you were informed that the above-mentioned ruling request had apparently been misplaced. On November 7, 1988, you resubmitted your ruling request; NYRL number 833803 was then assigned.

On January 27, 1989, NYRL 833803 was issued, classifying the instant merchandise under subheading 3914.00.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as ion exchangers based on polymers of headings 3901 to 3913, in primary forms. On that same day, you were informed by our New York office that your original request of January 5, 1988 (NYRL number 827523) was being forwarded to Headquarters for resolution.

On April 27, 1989, HRL 083646, was issued, classifying the instant merchandise (when over 5mm in length) under subheading 5503.90.0000, HTSUSA, as other synthetic staple fibers, not carded, combed, or otherwise processed for spinning. When imported in lengths not over 5mm, classification was under subheading 5601.30.0000, HTSUSA, as textile flock. You now request a reconsideration of both rulings.

ISSUE:

What is the classification of fibrous ion exchange resins under HTSUSA?

LAW AND ANALYSIS:

Heading 3914, HTSUSA, provides for ion-exchangers based on polymers of headings 3901 to 3913, in primary forms. The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

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

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

Chapter Note 6 to Chapter 39, HTSUSA, provides:

In headings 3901 to 3914, the expression "primary forms" applies only to the following forms:

(b) Blocks or irregular shape, lumps, powders (including molding powders), granules, flakes and similar bulk forms.

Both polyethylene and polystyrene are provided for in the requisite headings: 3901 and 3903, respectively. Therefore, the instant merchandise is, prima facie, classifiable under heading 3914, HTSUSA.

Note 2 to Chapter 39, HTSUSA, states that:

[t]his chapter does not cover:

(l) Goods of section XI (textiles and textile articles);

As a result, if the instant merchandise is deemed to be a good of section XI, classification in chapter 39 is precluded.

MERCHANDISE IMPORTED IN LENGTHS UNDER FIVE MILLIMETERS

Subheading 5601.30.0000, HTSUSA, provides for, inter alia, textile fibers, not exceeding 5mm in length (flock), and textile dust. The Explanatory Notes to the HTSUSA constitute the offi- cial interpretation of the tariff at the international level.

The Explanatory Note to heading 5601 provides, in pertinent part:

"Textile flock" consists of textile fibres not exceeding 5 mm in length (silk, wool, cotton, man-made staple fibres, etc.). It is obtained as waste during various finishing operations and, in particular, from the shearing of velvets. It is also produced by cut- ting textile tow or fibres. Textile dust is obtained as waste, or by grinding textile fibres into a powder. Textile dust and flock fall into this heading even if bleached or dyed or if the fibres have been artificial- ly curled.

It is our opinion that the instant merchandise is classifi- able under this subheading. In the literature you have submitted, e.g., Ion-exchange fibers, C.I. Specialty Chemicals, Inc., it was stated that this merchandise was produced as a fiber. It was also described as a composite fiber of sea-island structure; the polystyrene being the sea, and the polyethylene comprising the island. In addition, the fact that the merchandise is cut to uniform lengths indicates that the merchandise was extruded as tow and that the tow was cut.

Although flock may not exceed 5mm in length, there appears to be no lower limit. See HRL 006093 of December 10, 1970 (classifying fibers 0.472mm (472 microns) long as flock); Litton, The Modern Textile and Apparel Dictionary (4TH Ed.) (defining flock as very short fibers, often powder-like in form). Even if the fiber's .02 to 1mm length is considered insufficient, under the Explanatory Note cited above, textile dust may be produced by grinding textile fibers into a powder. Considering the merchandise a powder would not preclude it from classification under heading 5601, HTSUSA.

Even though the instant merchandise is not intended for textile purposes, it can still be considered flock under heading 5601. The Explanatory Note to this heading describes other non- textile uses for flock, stating:

These products [flock] are used for a wide variety of purposes (e.g., for blending with other fibres and spinning into yarns, for making imitation sudes, for coating or decorating wallpaper, as a basis for face powder or "make-up]). [Emphasis added.]

Accord classification of acetate tow, for use in cigarette filters, in either Chapters 54 or 55, HTSUSA, depending on its form.

As a result, the instant merchandise, when imported in lengths under 5mm, is classifiable as flock or textile dust.

MERCHANDISE IMPORTED IN LENGTHS GREATER THAN FIVE MILLIMETERS

Heading 5503, HTSUSA, provides for synthetic staple fibers, not carded, combed or otherwise processed for spinning. The General Explanatory Note to Chapter 55 provides, in pertinent part:

Man-made staple fibres [(synthetic or artificial)] are usually manufactured by extrusion through spinner- ets (jets) having a large number of holes (sometimes several thousand); the filaments from a large number of spinnerets (jets) are then collected in the form of a tow. This tow may be stretched and then cut into short lengths, either immediately or after having undergone various processes (washing, bleaching, dying, etc.) while in the tow form. The length into which the fibres are cut is usually between 25 mm and 180 mm and varies according to the particular man-made fibre concerned, the type of yarn to be manufactured and the nature of any other textile fibres with which they are to be mixed.

This Chapter does not include:

(a) textile fibres, not exceeding 5 mm in length (flock), of heading 56.01. [Emphasis added.]

In the literature you provided, you state that the merchandise may be prepared using a composite spinneret. See U.S. Patent No. 4,700,723, at 7. From this and other literature provided, it is our opinion that the above-mentioned Explanatory Note thoroughly describes the instant merchandise. Therefore, when imported in lengths greater than 5mm, the instant merchandise is classifiable as synthetic staple fibers.

HOLDING:

As a result of the foregoing, the ion-exchange fibers are classified as follows: when imported in lengths over 5mm, subheading 5503.90.0000, HTSUSA, as synthetic staple fibers, not carded, combed or otherwise processed for spinning, other. The applicable rate of duty is 4.9 percent ad valorem; when imported in lengths not exceeding 5mm, subheading 5601.30.0000, HTSUSA, as wadding of textile materials and articles thereof; textile fibers, not exceeding 5 mm in length (flock), textile dust and mill neps, textile flock and dust and mill neps. The applicable rate of duty is also 4.9 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 agree- ments 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.

Pursuant to section 177.9, Customs Regulations (19 C.F.R. 177.9), the New York Ruling Letter of January 27, 1989 is hereby revoked and the Headquarters Ruling Letter of April 28, 1989 is hereby affirmed in conformity with the foregoing.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: