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HQ 950684


December 16, 1992

CLA-2 CO:R:C:T 950684 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.9090

District Director of Customs
150 N. Royal St.
Mobile, Alabama 36602

RE: Decision on Application for Further Review of Protest No. 1901-1-100035; sisal pads

Dear Sir:

This protest was filed against your decision in the liquidation of various entries involving the importation of sisal pads produced in Mexico.

FACTS:

The pads in questions are made from natural or raw untreated sisal fibers measuring about 5 to 8 inches in length. These fibers are garnered from waste and other obtainable short pieces of fiber. Such fibers are then gathered into compressed bales and brought to a pad line where the bales are opened and the wads of fiber are fed onto a garnet. Then the fibers are combed into a single direction and deposited onto a moving apron, where they are evenly dispersed. There is no binder or glue applied to these pads. The natural, spiny or rough surface of the raw sisal fibers causes them to bond together as they are punched with needles while passing along the moving apron. These pads can be made thicker or thinner, lighter or heavier, by adjusting the speed of the apron and the flow of the fiber from the garnet. The instant pads, as analyzed by the U.S. Customs Laboratory, measure about .25 inch in thickness and weigh 1.82 ounces per square foot. They also contain about 5.1 percent by weight of oils.

The sisal pads were liquidated under subheading 5602.10.9090 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for felt, whether or not impregnated, coated, covered or laminated, needleloom felt and stitch-bonded fiber fabrics, other, other.

The protestant claims that the sisal pads are classifiable under subheading 5601.29.0090, HTSUSA, which provides for wadding of textile materials and articles thereof; textile fibers, not exceeding 5 millimeters in length (flock), textile dust and mill neps, wadding; other articles of wadding, other, other.

ISSUE:

Whether the merchandise at issue is classifiable as wadding of Heading 5601, HTSUSA, or as felt of Heading 5602, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

The protestant makes two major arguments concerning the classification of the subject sisal pads. First, they do not meet the common and commercial definition of felt, but instead meet the common and commercial definition of wadding. Second, the protestant argues that the Explanatory Notes support classifying this merchandise as wadding as opposed to felt.

The protestant states that based on various sources, all common and commercial definitions of the term felt require that such material: 1) be subjected to a "felting" action involving heat, moisture and great pressure; 2) be composed in whole or in part of wool or animal hair; and 3) be sufficiently compact that it does not fray or ravel.

Textiles: Fiber to Fabric, 5th Edition (1975), p. 161, states the following concerning felt:

Before 1952, it was believed that felt could be made only from wool or fur. Then technicians at DuPont created a process for making felt from man-made fibers by carding, cross-lapping or air dispersion, followed by passing the batt through a needle punching machine containing numerous barbed needles. (Needle-punching felt is now made of virtually every kind of fiber.)

Understanding Fabrics: From Fiber to Finished Cloth (1982), p. 54, states the following concerning felt:

Felt fabric structure is a nonwoven fabric structure produced directly from fibers forming an interlocking, uniform, compact matted layer or material by either the traditional form of wool felting, or the needle-felting process. Fibers used in the production of felt include: fine or coarse wool, hair, cotton, sisal (emphasis added), jute, fine rayon and fine or coarse man-made fibers.

The requirements of felt listed by the protestant appear to be those of traditional felt, which was made of wool and subjected to heat, moisture, and pressure in its production. Those requirements are not necessary for felt made by needle- punching. In fact, felt can be made from many kinds of fibers, including sisal fibers, using the needleloom technique. Consequently, we reject the protestant's claims that the merchandise at issue does not meet the common and commercial definition of felt.

Heading 5601, HTSUSA, provides for wadding. The Harmonized Commodity Description and Coding System, Explanatory Notes, the official interpretation of the HTSUSA at the international level, states at page 772, that the wadding referred to here is made by superimposing several layers of carded or air-laid textile fibers one on the other, and then compressing them in order to increase the cohesion of the fibers. Wadding is sometimes lightly punched in order to increase the cohesion of the fibers and, in some cases, to fix the layer of wadding on a support of woven or other textile fabrics.

Heading 5602, HTSUSA, provides for felt. The Harmonized Commodity Description and Coding System, Explanatory Notes, state at page 774, in pertinent part, that this heading also includes needleloom felt which is made either:

(1) by punching a sheet or web of textile staple fibers (natural or man-made), without a textile fabric base, with notched needles; or

(2) by needling such textile fibers through a base of textile fabric or other material which is finally more or less hidden by the fibers.

The needleloom technique makes it possible to obtain felt from non-felting vegetable fibers (for example, jute) or man-made fibers.

The protestant also claims that the Explanatory Notes support classifying the merchandise at issue as wadding, as opposed to felt. We cannot agree. The Explanatory Notes state that wadding can be lightly punched. The sisal pads at issue must undergo a significant amount of needle-punching to produce the finished merchandise. This manufacturing process is consistent with the processes used for making needleloom felt described in the Explanatory Notes. Consequently, the merchandise at issue is classifiable in Heading 5602.

The protestant claims that the sisal pads at issue are made from barbed needles and not notched needles and therefore do not meet the requirements of the Explanatory Notes for needleloom felt. We are unable to distinguish the difference between barbed needles and notched needles. In Textiles: Fiber to Fabric, at page 161, it states that needleloom felt is made from barbed needles. Consequently, the sisal pads are not disqualified from Heading 5602 by the type of needles used to make them.

Finally, the protestant argues that under the hierarchial system of the HTSUSA, classification of articles must begin at the four digit level before proceeding to the six digit level. Although needleloom felt is provided for at the six digit level, an article must be considered felt at the four digit level before proceeding to the six digit level. Because the merchandise at issue cannot be considered felt, it is not classifiable in Heading 5602. We reject these claims by the protestant. Needleloom felt is a type of felt according to the Explanatory Notes and numerous technical sources. Therefore a needleloom felt article is classifiable as felt of Heading 5602 at the four digit level.

HOLDING:

The merchandise at issue is classified under subheading 5602.10.9090, HTSUSA, which provides for felt, whether or not impregnated, coated, covered or laminated, needleloom felt and stitch-bonded fiber fabrics, other, other. The rate of duty is 12.5 percent ad valorem, and the textile category is 223.

The protest should be denied. A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director

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