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.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport