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NY A86388





August 28, 1996

CLA-2-56:RR:NC:TP:350 A86388

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.11.0090; 5603.12.0090; 5603.13.0090

Mr. John A. Sundfelt
Hankyu International Transport (U.S.A.), Inc. 1039 Hillcrest Blvd.
Inglewood, CA 90301

RE: The tariff classification of four different styles of nonwoven disposable industrial wipes, from Japan.

Dear Mr. Sundfelt:

In your letter dated July 29, 1996, on behalf of Sakata Inx U.S.A. corporation, Torrance, CA, you requested a classification ruling. The manufacturer is Asahi Chemical Industry, Osaka, Japan.

Four representative samples, identified as "Bemcot Wipes", were submitted. These wipes, which are either square or rectangular in configuration, are shipped either flat or folded in packages of 50 to 150 pieces, depending on style. These wipes which vary in their particle containment, absorption, tensile strength and weight, have application in high technology including various industrial fields such as electronics, liquid crystal displays, vacuum instruments, precision machinery, magnetic tapes and automobiles, etc. The wipes under consideration are identified in your correspondence as Super CN, BM Wiper, M-3 and S-2, respectively. Your brochure implies that the wipes are made from 100% pure cotton. This is misleading in that the cotton, in the form of linters, is chemical regenerated by the cuprammonium process to produce man-made fiber rayon (cellulose). Through a spinning (extrusion) operation a textile fiber filament web is formed which is structurally enhanced by a hydroentanglement process. The product with both the rayon and polyester fibers involves two spinnerets producing a two layered web that is also hydroentangled (hydroentanglement is a mechanical process). The various processes are spelled out in more detail in your correspondence.

The first wipe, Super CN, is composed of a blend of 70% rayon and 30% polyester man-made fibers, by weight.

BM Wiper, M-3 and S-2 are composed of 100% rayon man-made fibers.

You provided the following size and weight specifications for these four styles of wipes:

STYLE SIZE (cm) -unfolded WEIGHT
Super CN 24 x 30 40g/m2
BM Wiper 30 x 30 75g/m2
M-3 25 x 25 27.5g/m2
S-2 25 x 25 18.5g/m2

The applicable subheading for style S-2 will be 5603.11.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing not more than 25g/m2. The duty rate will be 7.5 percent ad valorem.

The applicable subheading for Super CN and M-3 will be 5603.12.0090, HTS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 25g/m2 but not more than 70g/m2. The duty rate is 7.5 percent ad valorem.

The applicable subheading for BM Wiper will be 5603.13.0090, HTS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 70g/m2 but not more than 150g/m2. The duty rate is 7.5 percent ad valorem.

All four wipes fall within textile category designation 223. Based upon international textile trade agreements products of Japan are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 George Barth at 212-466-5884.

Sincerely,

Roger J. Silvestri
Director

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