CLA-2-56:S:N:N6:350 805093

Ms. Susan I. Marok
John V. Carr & Son Inc.
P.O. Box 33479
Detroit, MI 48232-5479

RE: The tariff classification of five sponge cloth/scouring pad type items, from the Netherlands.

Dear Ms. Marok:

In your letter dated December 8, 1994, on behalf of Multy Sponge, Inc., Smyrna, GA, you requested a tariff classification ruling.

The first item, marked #12, consists of a household sponge cloth composed of nonwoven staple man-made fibers. The sponge comes in a plastic retail packaging and measures about 15"x17". The instant sample looks to be heat set and contains some type of needling complimentary to its manufacturing operation.

The second item, marked #36, consists of a retail package containing three (a blue, pink and yellow) somewhat similar wiping towels composed of 85% by weight viscose rayon man-made fibers and 15% polyester man-made fibers. These appear more porous than the ones discussed above, possibly because they are not heat set.

The applicable subheading for the two materials (#12 and #36) will be 5603.00.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of staple fibers. The rate of duty will be 12.5 percent ad valorem.

The marking of the first item (#12) where the retail package shows "made in" followed by a symbol of the flag of the E.E.C. is not acceptable. Section 304 T.A. states that each item imported into the United States must show the English name of the country of origin. Your adhesive label on the reserve side stating "Made in Holland" would be acceptable providing it appear in close proximity to the other designation. The marking of the second item (#36) which simply states "Made in Holland" would be acceptable.

We will not be able to provide you with a definitive classification for the remaining three items (scouring sponges) unless you identify in all instances the type of abrasives involved and, indicate that if they contain any soap(s), which layer(s) are impregnated with such soap.

The unanswered samples are being returned herewith.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport