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NY F88311




June 20, 2000

CLA-2-56:RR:NC:TA:350 F88311

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.94.9010

Ms. Nancy Berry
International Freight Forwarders
765 N. Route 83, Suite 123
Bensenville, Illinois 60106

RE: The tariff classification of disposable nonwoven “Glass & Surface Cleaner” wipes, for use as an automobile glass and surface cleaner, from Japan.

Dear Ms. Berry:

In your letter dated June 7, 2000, on behalf of NO TOUCH North America, Lake Forest, California, you requested a classification ruling. The supplier is Taiho Industries Co., Ltd., Japan.

The instant samples, which came packaged in a 6-pack poly bag, consist of nonwoven cleaning wipes composed of 50% polypropylene and 50% polyethylene terepthalate (PET) man-made fibers (staple) by weight, respectively. These wipes have been soaked and impregnated with 5.0% ethyl alcohol, 0.10% nonionic surfactant, 0.05% antiseptic (Methylisothiazoline mixture) and 94.85% water mixed to equal a milky white clear liquid. The wipes were informally weighed and were found to weigh approximately 168 g/m².

You believe classification under tariff subheading 3401.19.0000, which provides for soap organic surface-active products and preparations, paper, wadding, felt and nonwovens impregnated, coated, or covered with soap or detergent is correct and cite NY rulings 810044, 875805 and 869568 in support of your claim. Those rulings addressed similar “wipe” products, but are distinguished from yours in the amount of soap and/or detergents contained therein, which are not present in your product, being mostly alcohol. Such constituent components as soap, etc., are essential for any consideration in heading 3401.

Therefore, the applicable subheading for the wipes will be 5603.94.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of other than filaments, weighing more than 150 g/m², impregnated, coated or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers. The duty rate will be Free.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements products of Japan are subject to the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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