CLA-2-56:OT:RR:NC:N3:350

Michael E. Murphy
Baker & McKenzie LLP
815 Connecticut Avenue, NW
Washington, DC 20006-4078

RE: The tariff classification of CaviWipes™ from China or Canada

Dear Mr. Murphy:

In your letter dated June 2, 2014, on behalf of your client Metrex Research Corporation, you requested a tariff classification ruling.

The CaviWipes™ are stated to be nonwoven, disposable wipes pre-saturated with CaviCide® - a proprietary cleaning and disinfection solution. The nonwoven component is listed as “meltblown” polypropylene fibers with each wipe weighing approximately 50 g/m² (saturated). They will be imported in canisters (65, 160 or 220 wipes/canister); boxes (50 wipes/box); or flat packs (45 wipes/pack). Your letter states a single CaviWipe™ is not adequate for use as a disinfectant. No sample was provided to this office.

Based on the description in your letter, the nonwoven textile material is used to scrub the various surfaces to be cleaned and its textured surface facilitates the lifting of organic matter, salts, visible soils, etc. In this case, the nonwoven textile material is not present merely as a carrying medium for the CaviCide® solution. This product would remain classified in Chapter 56 after consideration of legal note 1 to Chapter 56.

The applicable subheading for the CaviWipes™ will be 5603.12.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Nonwovens, whether or not impregnated, coated, covered or laminated: Of man-made filaments: Weighing more than 25 g/m² but not more than 70 g/m² Impregnated, coated or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers; “imitation suede.” The rate of duty will be Free.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

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 Deborah Walsh at (646) 733-3044.

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division