HQ 083646
April 28 1989
CLA 2 CO:R:C:G 083646 SM
Ms. Patricia M. Choo
C. Itoh and Company (America), Inc.
335 Madison Avenue
New York, NY 10017
RE: Tariff classification of fibrous ion exchange resin
Dear Ms. Choo:
Your letter of January 5 addressed to our New York office requesting a tariff classification ruling for certain cigarette filter material has been referred to this office for reply.
FACTS:
You have submitted a sample of the fibers, Type TIN 100, a brochure from the Japanese supplier, Toray Industries, Inc., and a copy of U.S. Patent No. 4,700,723, of October 20, 1987,
which covers this merchandise. It appears that the fibers are formed by extrusion and that nothing is added to them after extrusion. They are composed of 33.3 percent polyethylene and
66.6 percent cross linked polystyrene sulfonic acid. Technical specifications from the manufacturer state that the cut fiber is between 0.2 mm and l mm in length; the information in
the patent is that they may be from 0.1 mm to 200 mm. The fibers in the sample are at the low end of this range.
ISSUE:
How are the fibers classified?
LAW AND ANALYSIS:
Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff
-2-
and any relative section and chapter notes, and after that, if the headings and notes
do not otherwise require, in accordance with the remaining GRI's.
Chapter 55, HTSUSA, provides generally for man made staple fibers. The Explanatory Notes (EN), the official interpretation of the HTSUSA at the international level,
describe these fibers as generally being cut into lengths of 25 mm to 180 mm. Textile fibers not exceeding 5 mm in length (flock) of heading 5601, HTSUSA, are specifically excluded by
the EN.
The EN for heading 5601, HTSUSA, indicate that textile flock consists of fibers not over 5 mm in length. They may be man made and may be produced by cutting textile tow or fibers.
They are used for a wide variety of purposes.
HOLDING:
When imported in lengths over 5 mm, the fibers are classified under subheading 5503.90.0000, HTSUSA, a provision for other synthetic staple fibers, not carded, combed, or otherwise processed for spinning. When imported in lengths not over 5 mm, it is classified under subheading 5601.30.0000, HTSUSA, a provision including textile flock.
Sincerely,
John Durant, Director
Commercial Rulings Division