CLA-2-56:OT:RR:NC:N3:350
Mr. Ricky Villena
Neutralogistics Customs Brokerage LLC
8578 NW 23rd Street
Doral, FL 33122
RE: The tariff classification of various compressed nonwoven textile wipes and one plastic dispenser, from China
Dear Mr. Villena:
In your letter dated June 22, 2016, you requested a tariff classification ruling on behalf of your client TMD Supplies/Beyond White Spa LLC. The samples were submitted with previous ruling requests.
The samples consist of various highly-compressed disks differing mainly in size and packaging, plus one package of kitchen wipes and a plastic dispenser. The disks, which expand into wipes, are mainly intended for hikers, travelers, vacationers, etc., as a space-saving convenience. Your submission indicates that the fabrics are composed wholly of rayon staple fibers, and are manufactured by the spunlace manufacturing process. You describe spunlacing as a process of entangling a web of loose fibers on a porous belt, or on a moving perforated or patterned screen, to form a sheet structure by subjecting the fibers to multiple rows of fine high-pressure jets of water. Essential steps in producing hydroentangled spunlace nonwoven fabric include: precursor web formation, web entanglement through water jet application, dewatering, and web drying and winding. According to the information and samples provided, the nonwoven fabrics which have been compressed into a circular disk shape come in four basic sizes: 1) 2 cm in diameter, expanding to 22 x 24 cm and weighing 50 g/m2; 2) 4 cm in diameter, expanding to 28 x 40 cm and weighing 70 g/m2; 3) approximately 8-10 cm in diameter, expanding to 71 x 120 cm and weighing 70 g/m2; and 4) approximately 10-12 cm in diameter, expanding to 71 x 146 cm and weighing 150 g/m2. All of the samples provided were packaged for retail sale.
EZYWIPE Mini Towels is a box of 100 individually-wrapped wipes which have been compressed into disks approximately the size of a coin, 2 cm in diameter and approximately 0.9 cm in height. When water is added, the disk expands into a rectangular nonwoven wipe measuring 22 x 24 cm in size, weighing 50 g/m2.
EZYWIPE Compact Wipes is a reclosable refill bag of 50 wipes which have been compressed into a disk approximately the size of a coin, 2 cm in diameter. When water is added, the disk expands into a rectangular nonwoven wipe measuring 22 x 24 cm in size, weighing 50 g/m2. Also included in the bag is a small plastic tube holding approximately 8 disks. We find that the subject kit constitutes a set for tariff purposes, the essential character of which is imparted by the nonwoven fabric disks.
EZYWIPE Multi-Purpose Kitchen Towels is a retail package of three rectangular pieces of nonwoven fabric with unfinished edges. (This item is not compressed into a disk.) Each wipe measures 400 x 600 mm in size, is printed with colorful wavy stripes, and appears to weigh between 25 and 70 grams per square meter.
The applicable subheading for EZYWIPE Mini Towels, EZYWIPE Compact Wipes and EZYWIPE Multi-Purpose Kitchen Towels will be 5603.92.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Nonwovens, whether or not impregnated, coated, covered or laminated: other: weighing more than 25 g/m2 but not more than 70 g/m2. The rate of duty will be Free.
EZYWIPE Compact Beach Towels are individually shrink-wrapped compressed towels which come in two sizes: approximately 8-10 cm in diameter, expanding to 71 x 120 cm and weighing 70 g/m2; and approximately 10-12 cm in diameter, expanding to 71 x146 cm and weighing 150 g/m2.
The applicable subheading for EZYWIPE Compact Beach Towels will be 5603.93.0090, HTSUS, which provides for Nonwovens, whether or not impregnated, coated, covered or laminated: other: weighing more than 70 g/m2 but not more than 150 g/m2. The rate of duty will be Free.
The EZYWIPE Compact Travel Kit contains a plastic tube holding approximately 8 disks approximately the size of a coin, and a plastic dispenser. This pocket-sized dispenser consists of a water reservoir with pump assembly on one side and a storage compartment with upper hydration section on the other. In order to hydrate a disk, the user takes the disk from the bottom of the storage compartment, places it in the hydration section and pumps water onto it. When hydrated, the disk will expand into a rectangular nonwoven wipe measuring 22 cm x 24 cm in size. As imported, this kit is packaged for retail sale. We find that the subject kit constitutes a set for tariff purposes, the essential character of which is imparted by the dispenser.
The applicable subheading for the EZYWIPE Compact Travel Kit will be 8424.89.0000, HTSUS, which provides for Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: other appliances: other. The rate of duty will be 1.8 percent.
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 https://hts.usitc.gov/current.
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
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 Maribeth Dunajski via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division