CLA-2 RR:CR:TE 965035 jsj

Mr. Kevin Egan
E. Besler & Company
P.O. Box 66361
Chicago, Illinois
60666-0361

Re: Nursing Pads; Breast Pads; Nonwoven Absorbent Material; Domestic Laundry Bag; Subheading 6307.90.9889, HTSUSA; HQ 965711 (July 24, 2002) and HQ 964711 (April 2, 2002) Incorporated by Reference.

Dear Mr. Egan:

The purpose of this correspondence is to respond to your request dated April 20, 2001. The correspondence in issue requested, on the behalf of your client, Avent USA, Inc. (Avent), a binding classification ruling of the merchandise described as “breast pads” and a laundry bag.

This ruling is being issued subsequent to the following: (1) A review of your submission dated April 20, 2001; and (2) A review of the six sample nursing pads packaged together in a box with a domestic laundry bag.

FACTS

The articles in issue are identified by Avent as “washable breast pads” and a laundry bag. The breast pads, which for the purposes of convenience and uniformity will be referred to as “nursing pads,” are circular articles designed and manufactured to be worn inside the brassiere of nursing mothers. The nursing pads are intended to “draw moisture away from the skin” and trap “it behind a leakproof liner.” Avent Packaging Description.

The nursing pads are circular in shape, measuring four (4) inches in diameter. They are composed of four layers of textile material. The outer most layer, that which will come into contact with the brassiere, is composed of a 100 percent knit nylon fabric. The second layer is composed of a 100 percent nonwoven polyester fabric. The third layer, which provides the nursing pad with its primary absorbent capability, is composed of a 100 percent nonwoven polyester fabric. The fourth and last layer, that which comes into contact with the wearer’s skin, is composed of a 100 percent woven cotton fabric.

The Customs Service notes that the merchandise described in the ruling request differs from the sample merchandise. Customs issues this classification ruling based on the sample merchandise submitted and Customs examination of the sample.

The laundry bag is composed of polyester mesh. It measures ten (10) inches in height and eight (8) inches in width. It has a drawstring closure at the top with a plastic, spring-loaded locking mechanism. The laundry bag is designed to hold the nursing pads while they are washed in a laundry machine and then dried in a clothes dryer.

The Customs Service is advised that the country of manufacture is China.

ISSUE

What is the classification, pursuant to the Harmonized Tariff Schedule of the United States Annotated, of the above-described nursing pad with a knit textile fabric component, two nonwoven textile fabric components and a woven textile fabric component, in which the absorbent capability is provided by a nonwoven textile fabric component ?

What is the classification, pursuant to the Harmonized Tariff Schedule of the United States Annotated, of the above-described polyester mesh laundry bag ?

Do the nursing pads and the laundry bag constitute a set for classification purposes ?

LAW AND ANALYSIS

Nursing Pads

The Customs Service in Headquarters Ruling Letter 965711 (July 24, 2002) provided classification analysis for substantially similar nursing pads, for which the absorbent capability is provided by a nonwoven textile fabric, in subheading 6307.90.9889, HTSUSA. Subheading 6307.90.9889, HTSUSA, provides for the classification of:

Other made up articles, including dress patterns:

Other:

Other: Other, Other: Other.

The legal reasoning and analysis employed in HQ 965711 is incorporated into this ruling letter by reference. Headquarters Ruling Letter 965711 is attached to and made a part of this ruling letter.

The Customs Service is cognizant that HQ 965711 did not address the classification of nursing pads with knit textile fabric components in which the knit textile fabric components did not afford the articles their absorbent capability. The reasoning applied in HQ 965711 regarding nursing pads with woven and nonwoven textile fabric components in which those components do not provide the nursing pads with their absorbent capability is, however, equally analogous.

Domestic Laundry Bags

The Customs Service in Headquarters Ruling Letter 964711 (April 2, 2002) classified substantially similar domestic laundry bags in subheading 6307.90.9889, HTSUSA. Subheading 6307.90.9889, HTSUSA, provides for:

Other made up articles, including dress patterns:

Other:

Other: 6307.90.98 Other;

Other: 6307.90.9889 Other.

The legal reasoning and analysis employed in HQ 964711 is incorporated into this ruling letter by reference. Headquarters Ruling Letter 964711 is attached to and made a part of this ruling letter.

The Customs Service contemplated whether the nursing pads packaged together with the domestic laundry bag constitute “goods put up in sets for retail sale” pursuant to General Rule of Interpretation 3 (b). Customs research of this issue involved a review of Explanatory Note (X) of GRI 3(b).

Explanatory Note (X) of GRI 3(b) provides three factors to be considered when determining whether goods have been put up in sets for retail sale. The factors are:

The goods consist of at least two different articles that are, prima facie, classifiable in different headings;

The goods consist of articles put up together to “meet a particular need or carry out a specific purpose;” and

The goods are “put up in a manner suitable for sale directly to users without repacking.” General Rules for the Interpretation of the Harmonized System, Rule 3(b), Explanatory Note (X) (a) – (c).

Since the initial factor of EN (X) of GRI 3(b) requires that the goods be prima facie classifiable in different headings, the nursing pads of heading 6307, HTSUS, packaged together with the laundry bag of heading 6307, HTSUS, do not constitute a set for classification purposes. No analysis was undertaken to determine if the articles meet the requirements of the second and third factors, since the nursing pads and the laundry bag do not meet the requirements of the initial factor. The nursing pads and the laundry bag are properly classified separately.

HOLDING

The nursing pads and the laundry bag do not constitute a set for the purposes of classification and will be classified separately.

Nursing Pads

The Avent USA, Inc. nursing pad with a knit textile fabric component, two nonwoven textile fabric components and a woven textile fabric component, in which the absorbent capability is provided by one of the nonwoven textile fabric components, is classified in subheading 6307.90.9889, Harmonized Tariff Schedule of the United States Annotated.

The General Column 1 Rate of Duty is seven (7) percent, ad valorem.

The legal reasoning and analysis in Headquarters Ruling Letter 965711 (July 24, 2002) is adopted by reference. Headquarters Ruling Letter 965711 is attached to and made a part of this ruling letter.

Domestic Laundry Bag

The Avent USA, Inc. laundry bag is classified in subheading 6307.90.9889, Harmonized Tariff Schedule of the United States Annotated.

The General Column 1 Rate of Duty is seven (7) percent, ad valorem.

The legal reasoning and analysis in Headquarters Ruling Letter 964711 (April 2, 2002) is adopted by reference. Headquarters Ruling Letter 964711 is attached to and made a part of this ruling letter.

Sincerely,

Myles B. Harmon, Acting Director
Commercial Rulings Division

Enclosures