CLA-2-TA:OT:RR:NC:TA:350

Mr. John Mulvihill
UPS Supply chain Solutions
One UPS Way
Champlain, NY 12919

RE: The tariff classification of three nonwoven cleaning cloths, from Germany.

Dear Mr. Mulvihill:

In your letter dated January 10th, 2011, on behalf of MG Chemicals Inc., Burlington, Ontario, Canada, you requested a tariff classification ruling.

You submitted three representative samples which were identified as styles #103, 111 and 10.102.99, respectively.

The first item, style 103 (Micro fiber fleece cloth), consists of a nonwoven wiping cloth that measures 45 cm x 40 cm (rectangular). You state that it is composed of a 70% polyester/30% polyamide man-made fiber blend (staple fibers). We note, however, that the package containing the submitted sample states: “50% polyester/50% polyamide”. This discrepancy, however, will not affect the final classification of the merchandise. This material has been produced by first needle punching the staple fibers to form a batt or wadding and then impregnating it with a polyurethane plastics material. This cloth was informally weighed and was found to weigh 103 grams per square meter.

The second item, style 111 (Micro fiber duo kitchen cloth) consists of a nonwoven wiping cloth that measures 20 cm x 20 cm (square). You state that it is composed of 100 percent polyamide man-made fibers (staple) that have been needle punched and then impregnated with a polyurethane plastics material. This cloth contains abrasive dots on one surface which you indicate are composed of short polyamide fibers that are glued on to the surface. There are no other abrasives used with this material according to your correspondence. This cloth was informally weighed and was found to weigh 445 grams per square meter.

The third item, style 10.102.99 (Micro fiber window cloth) consists of a nonwoven wiping cloth that measures 33 cm x 38 cm (rectangular). You state that it is composed of 100 percent polyamide man-made fibers (staple) that have been needle punched and then impregnated with a polyurethane plastics material in a process similar to the cloths described above. This cloth does not contain any type of abrasives. This cloth was informally weighed and was found to weigh approximately 325 grams per square meter. The applicable subheading for item 103 (Micro fiber fleece cloth) will be 5603.93.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, of other than filaments, whether or not impregnated, coated, covered or laminated, weighing more than 70 g/m² but not more than 150g/m². The duty rate will be Free.

The applicable subheading for items 111 (Micro fiber duo kitchen cloth) and 10.102.99 (Micro fiber window cloth) will be 5603.94.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, of other than filaments, whether or not impregnated, coated, covered or laminated, weighing more than 150g/m². The duty rate 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,

Robert B. Swierupski
Director
National Commodity Specialist Division