HQ 083793
April 5 1989
CLA 2 CO:R:C:G 083793, 837118 JLJ
Mr. Steven W. Baker, Esquire
Bellsey and Baker
100 California Street, Suite 670
San Francisco, California 94111
RE: Classification of nonwoven fabric called "E Tork"
Dear Mr. Baker:
You requested a tariff classification under the Harmonized Tariff Schedules of the United States Annotated (HTSUSA) for a nonwoven fabric called "E Tork," imported from Europe for your client, Molnlycke Inc.
FACTS:
The samples submitted, known as "E Tork," consist of nonwoven fabric composed of the following (as determined by the Customs laboratory):
Viscose Rayon 45 percent
Olefin 7 percent
Vinal (Polyvinylalcohol 6 percent
Bleached chemical wood pulp 42 percent
100 percent
ISSUE:
What is the HTSUSA classification of the "E Tork"?
LAW AND ANALYSIS:
We note that the three textile man made fiber components (i.e., viscose rayon, olefin and vinal) amount to 58 percent of the weight of the "E Tork."
The Explanatory Notes to Chapter 48, HTSUSA, page 664, state
the following:
2
Paper consists essentially of the cellulosic fibres of the
pulps of Chapter 47 felted together in sheet form. Many
products, such as certain teabag materials, consist of a
mixture of these cellulosic fibres and of textile fibres (in
particular man made fibres as defined in Note 1 to Chapter
54). Where the textile fibres predominate by weight, the
products are not regarded as paper and are classified as
nonwovens (heading 56.03).
Inasmuch as the instant material is 58 percent textile materials by weight, it is classified as a nonwoven textile fabric in Heading 56.03, HTSUSA.
The instant "E Tork" nonwoven fabric is classified under the provision for nonwovens, whether or not impregnated, coated, covered or laminated: other: other: other, in item 5603.00.9040, HTSUSA, dutiable at the general rate of 12.5 percent ad valorem.
Textile category number 223 applies to this item number.
HOLDING:
"E Tork" nonwoven textile fabric is classified in item 5603.00.9040, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division