CLA-2 OT:RR:CTF:TCM H010120 BAS
George M. Keller
Customs Advisory Services, Inc.
1003 Virginia Avenue
Suite 200
Atlanta, Georgia 30354
RE: Classification of Presaturated Clean Room Wipes; SatPax 1200 Sterile and SatPax 1200
Dear Mr. Keller:
This is in response to your request dated June 21, 2006, and amended on August 16, 2006, on behalf of Berkshire Corporation, seeking a binding ruling concerning the classification of certain presaturated clean room wipes under the Harmonized Tariff Schedule of the United States (HTSUSA).
Your letters and samples were forwarded to this office for our response.
FACTS:
The merchandise at issue is two similar products designated as Items One and Two. Item One, SatPax 1200 Sterile (SSP1200.003.12), is an unbleached double knit 100% filament polyester wiping cloth. The cloths have been cut to 22.9 centimeter squares ultrasonically and have been impregnated with a 70% solution of isopropyl alcohol. Your correspondence indicates that this item has been sterilized with cobalt 60 gamma radiation. This product is a clean room wipe which is used to clean work surfaces and tools. The alcohol used to impregnate this wipe is USP grade which is required when a particular process requires a sterile manufacturing environment. The cloths are packed in flexible resealable pouches.
Item Two, SatPax 1200 (SPX1200.001.12), is an unbleached double knit 100% filament polyester wiping cloth. It is identical in size and construction to Item One and varies only in that it is not sterilized with cobalt 60 and it is impregnated with 70% semiconductor grade isopropyl alcohol. This cleaning room wipe which is used to clean work surfaces and tools in the context of manufacturing semiconductor materials and other electronic industry components does not require sterilization or USP grade alcohol. The cloths are also packed in flexible resealable pouches.
ISSUE:
Whether the clean room wipes are properly classified in heading 3402, HTSUSA, which provides for “organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401,” heading 6003, HTSUSA, which provides for “knitted or crocheted fabrics of a width not exceeding 30 cm, other than those of heading 6001 or 6002,” or heading 6307, HTSUSA, which provides for other made up articles?
LAW AND ANALYSIS:
Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.
When interpreting and implementing the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. Customs and Border Protection (CBP) believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
HEADING 3402, HTSUSA
Heading 3402, HTSUSA, provides for “Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401.” Since the cloths are impregnated with isopropyl alcohol, they do not meet the terms of the heading. According to Webster’s II New College Dictionary, Houghlin Mifflin Company, 1999, isopropyl alcohol is defined as “a clear colorless, flammable, mobile liquid, C3H80, used in antifreeze compounds, lotions, cosmetics and as a solvent for shellac, gums, and essential oils.” Isopropyl alcohol is not a washing or cleaning preparation and if imported alone would be classifiable in heading 2905, HTSUSA, which provides for “acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives.”
HEADING 6003, HTSUSA
Heading 6003, HTSUSA, provides for “knitted or crocheted fabrics of a width not exceeding 30 cm, other than those of heading 6001 or 6002.” There is precedent for classifying fabric wipes impregnated with isopropyl alcohol and used for cleaning under the provision for the fabric which has been impregnated. In HQ 953256, dated June 9, 1993, nonwoven man-made fiber swabs cut to pieces measuring 1 inch square and impregnated with 70 percent isopropyl alcohol were ruled to be classifiable as nonwoven fabrics in subheading 5603.00.9070, HTSUSA. In HQ 953256, we noted that Legal Note 1(a) to Chapter 56, states that, among other items the chapter does not cover nonwovens impregnated, coated, or covered with substances or preparations where the textile material is present merely as a carrying medium. The EN to heading 5603, indicates that the heading covers nonwovens in the piece, cut to rectangular (including square) shaped from larger pieces without other working, whether or not presented folded or put up in packings (e.g., for retail sale). In that case, we reasoned that the nonwoven textile pieces functioned not merely as a medium to carry the alcohol, but also as a scrubber to lift non-sterile materials and organisms from the skin or other surfaces.
Similarly, in the instant case, the knit fabric was fabricated at considerable expense for several qualities beyond the mere carrying of the alcohol. In your letter dated August 16, 2006, you state that “particles may become entrapped in the wipe and removed from the surface during use.” In addition, you state that the knitted material is chosen because it introduces minimal fiber, particles or ionic contamination into the environment while it performs these functions. The textile also assists in spreading the alcohol while being specifically designed to prevent cross contamination from the fibers of the cloth. Accordingly, the textile is not present merely as a “carrying medium” but rather it performs several critical functions.
There are several rulings in which cleaning wipes impregnated with isopropanol or isopropyl alcohol have been classified according to the fabric of the wipe. See NY R02444, September 12, 2005; NY G83932, November 16, 2000, and NY B83435, April 14, 1997.
Cleaning cloths composed of knit or woven fabric and containing various cleaning preparations have also been classified as the fabric or if made up as cleaning or polishing cloths. In HQ 953689, dated September 30, 1993, we addressed the classification of a 100% cotton fabric impregnated with a metal polishing compound. Reasoning that the impregnating substance was not visible to the naked eye, we rejected classification in 5903, HTSUSA, as a fabric coated, covered, laminated or impregnated with plastic and also rejected classification in heading 5907, HTSUSA, as a fabric impregnated with substances other than rubber or plastic. The cotton fabric was classified instead as a cotton woven fabric in heading 5208, HTSUSA.
Similarly, in HQ 955458, dated June 8, 1994, a tack cloth composed of 100 percent cotton gauze constructed with mesh and impregnated with linseed oil, varnish, resin and other chemicals was classified as cotton fabric as opposed to classifying the product by the resin. There is longstanding precedent for classifying fabrics impregnated with resins and other agents according to the fabric when the substance impregnated is not visible to the naked eye. See A84722, dated July 5, 1996; NY A86309, dated August 22, 1996 and NY 883284, dated March 18, 1993.
Likewise, in the instant case the SatPax 1200 Sterile wipes and the SatPax 1200 should be classified according to the fabric of the wipes as opposed to the substance with which it has been impregnated. The subject merchandise, therefore, should be classified in heading 6003.30.6000, HTSUSA, which provides for “knitted or crocheted fabrics of a width not exceeding 30 [centimeters], other than those of heading 6001 or 6002, of synthetic fibers, other.”
It should be noted that the General Explanatory Notes to Section XI at (I)(A)(5) preclude the need for an essential character analysis in this case. The General Explanatory Notes to Section XI at (I)(A)(5) state:
Sizings or dressings (e.g. weighting (loading) in the case of silk) and also products for impregnating, coating, covering or sheathing, incorporated in textile fibers are not deemed to be non-textile materials; in other words, the weight of the textile materials is calculated on the basis of their weight in the state as presented.
Thus, in the instant case the alcohol is impregnated into the fibers of the fabric and becomes part of the fiber. The alcohol is not analyzed as a non-textile product since it is impregnated into the fibers. According to the General EN to Section XI, then, the merchandise is classified according to the fabric.
HEADING 6307, HTSUSA
Section XI, Note 7 of the HTSUSA, defines the term “made up” for the purposes of Section XI, as follows:
For the purposes of this section, the expression “made up” means:
(a) Cut otherwise than into squares or rectangles;
(b) Produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, tablecloths, scarf squares, blankets);
(c) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unraveling by whipping or other simple means;
(d) Cut to size and having undergone a process of drawn thread work;
(e) Assembled by sewing, gumming or otherwise (other than piece goods consisting of two or more lengths of identical material joined end to end and piece goods composed of two or more textiles assembled in layers, whether or not padded); or
(f) Knitted or crocheted to shape, whether presented as separate items or in the form of a number of items in the length.
It should be noted that the EN to heading 6307, HTSUSA, refers to cleaning cloths and states that they are included in this heading whether or not impregnated with cleaning preparations but excluding those of heading 3401 or 3405, HTSUSA. Since the alcohol which impregnates the cloth at issue would not be classifiable in either heading 3401 or heading 3405, HTSUSA, the subject merchandise would be classified in heading 6307, HTSUSA, if the cloths were “made up.”
The subject merchandise, however, is cut into squares and not hemmed or otherwise processed. Therefore, the merchandise does not qualify as an article which is “made up.” The clean wipes are merely cut from larger pieces of fabric and thus are not considered made up within the meaning of Note 7 to Section XI.
HOLDING:
Item One, SatPax 1200 Sterile (SSP1200.003.12), an unbleached double knit 100% filament polyester wiping cloth cut to 22.9 centimeter squares ultrasonically and impregnated with a 70% solution of USP grade isopropyl alcohol and Item Two, SatPax 1200 (SPX1200.001.12), an unbleached double knit 100% filament polyester wiping cloth identical in size and construction and impregnated with 70% solution of semiconductor grade isopropyl alcohol are properly classifiable under subheading 6003.30.6000, HTSUSA, which provides for “Knitted or crocheted fabrics of a width not exceeding 30 cm, other than those of heading 6001 or 6002: Of synthetic fibers: Other.” The clean room wipes fall within textile category designation 222. They are dutiable at the general column one rate of duty at 7.6% ad valorem.
With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non- WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to the merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita. doc.gov.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at www.usitc.gov.
Sincerely,
Gail A. Hamill, Chief
Tariff Classification and Marking Branch