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NY J80109




January 29, 2003

CLA-2-56:RR:NC:N3:351 J80109

CATEGORY: CLASSIFICATION

TARIFF NO.: 5601.30.0000

Mr. Brian S. Goldstein
Duane Morris LLP
380 Lexington Ave.
New York, NY 10168

RE: The tariff classification of Smopex® metal scavenger fibers from Japan.

Dear Mr. Goldstein:

In your letter dated December 20, 2002, you requested a ruling on behalf of Johnson Matthey Inc. (Chemicals N.A.), of West Deptford, N.J., on tariff classification. We requested a sample of the merchandise in the condition as imported and in a letter dated January 8, 2003, you submitted a sample that is marked “Made in Finland,” although in your original letter you state you expect the country of production will be Japan.

The merchandise in question is Smopex® metal scavenger fibers, an ion exchange product designed to extract various metals from aqueous and organic media. It is further described as thin fibers with grafted functional side chains. It is composed of polyethylene, cellulose, or poypropylene base fibers which are extruded as continuos filaments and then cut to either .25 mm or 2 mm lengths in what you refer to as a “flock cutter.”

You state your belief that the proper classification for this merchandise is in heading 5503, which provides for synthetic staple fibers, not carded, combed or otherwise processed for spinning. However, the Explanatory Note (EN) to Chapter 55 excludes textile fibers not exceeding 5 mm in length (flock), of heading 5601. The EN to heading 5601 describes textile flock as textile fibers not exceeding 5 mm in length, produced by cutting textile fibers or tow, which is the production method you describe.

The applicable subheading for this product will be 5601.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for (HTS), which provides for Textile flock and dust and mill neps. The rate of duty will be 0.5 percent ad valorem.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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