CLA-2 CO:R:C:T 950684 CC
District Director of Customs
150 N. Royal St.
Mobile, Alabama 36602
RE: Decision on Application for Further Review of Protest No.
1901-1-100035; sisal pads
Dear Sir:
This protest was filed against your decision in the
liquidation of various entries involving the importation of sisal
pads produced in Mexico.
FACTS:
The pads in questions are made from natural or raw untreated
sisal fibers measuring about 5 to 8 inches in length. These
fibers are garnered from waste and other obtainable short pieces
of fiber. Such fibers are then gathered into compressed bales
and brought to a pad line where the bales are opened and the wads
of fiber are fed onto a garnet. Then the fibers are combed into
a single direction and deposited onto a moving apron, where they
are evenly dispersed. There is no binder or glue applied to
these pads. The natural, spiny or rough surface of the raw sisal
fibers causes them to bond together as they are punched with
needles while passing along the moving apron. These pads can be
made thicker or thinner, lighter or heavier, by adjusting the
speed of the apron and the flow of the fiber from the garnet.
The instant pads, as analyzed by the U.S. Customs Laboratory,
measure about .25 inch in thickness and weigh 1.82 ounces per
square foot. They also contain about 5.1 percent by weight of
oils.
The sisal pads were liquidated under subheading 5602.10.9090
of the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for felt, whether or not impregnated,
coated, covered or laminated, needleloom felt and stitch-bonded
fiber fabrics, other, other.
The protestant claims that the sisal pads are classifiable
under subheading 5601.29.0090, HTSUSA, which provides for wadding
of textile materials and articles thereof; textile fibers, not
exceeding 5 millimeters in length (flock), textile dust and mill
neps, wadding; other articles of wadding, other, other.
ISSUE:
Whether the merchandise at issue is classifiable as wadding
of Heading 5601, HTSUSA, or as felt of Heading 5602, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
The protestant makes two major arguments concerning the
classification of the subject sisal pads. First, they do not
meet the common and commercial definition of felt, but instead
meet the common and commercial definition of wadding. Second,
the protestant argues that the Explanatory Notes support
classifying this merchandise as wadding as opposed to felt.
The protestant states that based on various sources, all
common and commercial definitions of the term felt require that
such material: 1) be subjected to a "felting" action involving
heat, moisture and great pressure; 2) be composed in whole or in
part of wool or animal hair; and 3) be sufficiently compact that
it does not fray or ravel.
Textiles: Fiber to Fabric, 5th Edition (1975), p. 161,
states the following concerning felt:
Before 1952, it was believed that felt could be
made only from wool or fur. Then technicians at DuPont
created a process for making felt from man-made fibers
by carding, cross-lapping or air dispersion, followed
by passing the batt through a needle punching machine
containing numerous barbed needles. (Needle-punching
felt is now made of virtually every kind of fiber.)
Understanding Fabrics: From Fiber to Finished Cloth (1982),
p. 54, states the following concerning felt:
Felt fabric structure is a nonwoven fabric
structure produced directly from fibers forming an
interlocking, uniform, compact matted layer or material
by either the traditional form of wool felting, or the
needle-felting process. Fibers used in the production
of felt include: fine or coarse wool, hair, cotton,
sisal (emphasis added), jute, fine rayon and fine or
coarse man-made fibers.
The requirements of felt listed by the protestant appear to
be those of traditional felt, which was made of wool and
subjected to heat, moisture, and pressure in its production.
Those requirements are not necessary for felt made by needle-
punching. In fact, felt can be made from many kinds of fibers,
including sisal fibers, using the needleloom technique.
Consequently, we reject the protestant's claims that the
merchandise at issue does not meet the common and commercial
definition of felt.
Heading 5601, HTSUSA, provides for wadding. The Harmonized
Commodity Description and Coding System, Explanatory Notes, the
official interpretation of the HTSUSA at the international level,
states at page 772, that the wadding referred to here is made by
superimposing several layers of carded or air-laid textile fibers
one on the other, and then compressing them in order to increase
the cohesion of the fibers. Wadding is sometimes lightly punched
in order to increase the cohesion of the fibers and, in some
cases, to fix the layer of wadding on a support of woven or other
textile fabrics.
Heading 5602, HTSUSA, provides for felt. The Harmonized
Commodity Description and Coding System, Explanatory Notes, state
at page 774, in pertinent part, that this heading also includes
needleloom felt which is made either:
(1) by punching a sheet or web of textile staple fibers
(natural or man-made), without a textile fabric base,
with notched needles; or
(2) by needling such textile fibers through a base of
textile fabric or other material which is finally more
or less hidden by the fibers.
The needleloom technique makes it possible to obtain felt
from non-felting vegetable fibers (for example, jute) or
man-made fibers.
The protestant also claims that the Explanatory Notes
support classifying the merchandise at issue as wadding, as
opposed to felt. We cannot agree. The Explanatory Notes state
that wadding can be lightly punched. The sisal pads at issue
must undergo a significant amount of needle-punching to produce
the finished merchandise. This manufacturing process is
consistent with the processes used for making needleloom felt
described in the Explanatory Notes. Consequently, the
merchandise at issue is classifiable in Heading 5602.
The protestant claims that the sisal pads at issue are made
from barbed needles and not notched needles and therefore do not
meet the requirements of the Explanatory Notes for needleloom
felt. We are unable to distinguish the difference between barbed
needles and notched needles. In Textiles: Fiber to Fabric, at
page 161, it states that needleloom felt is made from barbed
needles. Consequently, the sisal pads are not disqualified from
Heading 5602 by the type of needles used to make them.
Finally, the protestant argues that under the hierarchial
system of the HTSUSA, classification of articles must begin at
the four digit level before proceeding to the six digit level.
Although needleloom felt is provided for at the six digit level,
an article must be considered felt at the four digit level before
proceeding to the six digit level. Because the merchandise at
issue cannot be considered felt, it is not classifiable in
Heading 5602. We reject these claims by the protestant.
Needleloom felt is a type of felt according to the Explanatory
Notes and numerous technical sources. Therefore a needleloom
felt article is classifiable as felt of Heading 5602 at the four
digit level.
HOLDING:
The merchandise at issue is classified under subheading
5602.10.9090, HTSUSA, which provides for felt, whether or not
impregnated, coated, covered or laminated, needleloom felt and
stitch-bonded fiber fabrics, other, other. The rate of duty is
12.5 percent ad valorem, and the textile category is 223.
The protest should be denied. A copy of this decision
should be attached to the Customs Form 19 and provided to the
protestant as part of the notice of action on the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division