CLA-2-48:RR:NC:TA:350 D84922
Mr. Douglas E. Ellis
Absorption Corp.
1051 Hilton Avenue
Bellingham, WA 98225-2908
RE: The tariff classification of a "General Purpose Absorbent
Pad" and an "Oil Specific Absorbent Pad" produced in the
United States. Schedule B.
Dear Mr. Ellis:
In your letter dated November 6, 1998, you requested a
tariff classification ruling.
Three representative samples were submitted, one General
Purpose pad, and two (identical) Oil Specific Absorbent pads.
Your letter indicates that both products are produced in a
similar manner and are cellulose based.
The General Purpose absorbent pad is, according to your
letter, an airlayed wood cellulose fiber based paper product
built up in four distinct layers and measures about ¬ inch in
thickness. Although the GP product is used in other industries
for such applications as facial wipes, napkin stock and sanitary
purposes you indicate your use will be for industrial spill
cleanup adsorbents and wipes. The Oil Specific Absorbent (OSA)
pad is used for the same application with the added feature that
it repels water and absorb liquid hydrocarbons (oils). The water
repellence comes from the natural cotton oils present in virgin
cotton.
You write that the OSA pad material (the second item) had
been designated as being classified both under subheading 4706.10
as cotton linter pulp, and subheading 5601.21, which is for
wadding of cotton. Your reference to fiber length of under 5 mm
is covered by subheading 5601.30, which refers to textile
"flock". Please note the semicolon in the heading (5601) which
distinguishes the wadding from the flock. We agree with you that
the cotton fibers of the OSA pad material are over 5 mm in
length.
However, from observation of this ¬ inch thick material, it
appears to be of a needleloom or needle felt construction, and
will be classified accordingly.
The applicable subheading for the General Purpose pads will
be 4823.90.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for ... other articles of paper pulp, not
molded or pressed. The rate of duty will be Free. For your
further information, under Schedule B, such material falls under
item number 4823.90.8550 with the reported unit of quantity in
kilograms.
The applicable subheading for the Oil Specific Absorbent
pads will be 5602.10.9090, HTS, which provides for needleloom
felt and stitch-bonded fiber fabrics, not laminated, of other
than wool or fine animal hair. The duty rate is 11.7 percent ad
valorem. For your additional information, under Schedule B, such
material falls under subheading 5602.29.0000 with the reported
unit of quantity in kilograms.
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 George
Barth at 212-466-5884.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division