HQ 083171: Square and rectangular scouring sponge pads are not made uparticles.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                  HQ 083171



                              December 15, 1989





CLA-2 CO:R:C:G  083171  HP  827895  827962  828064  828065
828063



CATEGORY:  Classification



TARIFF NO.:  5603.00.3000; 5603.00.9020



Mr. Jack Golla

Import Manager

Action Industries, Inc.

Allegheny Industrial Park

Cheswick, PA  15024



RE:  Square and rectangular scouring sponge pads are not made up
articles.



Dear Mr. Golla:



      This is in reply to your letters of January 10, 1988
through February 11,

1988, concerning the tariff classification of certain scouring
sponge pads, produced

in Italy, under the Harmonized Tariff Schedule of the United
States Annotated

(HTSUSA).



FACTS:



      The merchandise at issue consists of five styles of
scouring sponge pads:

1318 (NYRL 827895); 21893 (NYRL 827962); 21582 (NYRL 828063);
8628 (NYRL 828064);

& 6082 (NYRL 828065).  The pads are small, either square or
rectangular, of various

colors, and are used for cleaning and scouring purposes.  Some of
 the pads consist

of nonwoven fabric laminated to foam plastic, bonded by heat;
others are only

nonwoven fabric.  The nonwoven fibrous portions have been
impregnated with a

plastics substance, some of which contain silica (quartz).
Others contain barium

sulfate (barite), a non-abrasive substance.  It is this last
group which is of

concern in this instant matter.



ISSUE:



      What is the classification of square and rectangular
scouring pads, not in a

finished state, containing non-abrasive substances, under the
Harmonized Tariff

Schedule of the United States Annotated (HTSUSA)?
AW AND ANALYSIS:



      Heading 6307, HTSUSA, provides for other made up articles,
of textiles.

Heading 5603, HTSUSA, provides for nonwoven fabrics.
Classification, therefore,

must be based upon the definition of "made up."  The General
Rules of Interpreta-

tion (GRI's) to the HTSUSA govern the classification of goods in
the tariff schedule.

Goods which cannot be classified in accordance with GRI 1 are to
be classified in

accordance with subsequent GRI's, taken in order.



      GRI 1 states, in pertinent part:



            ... classification shall be determined according to
the terms of the

            headings and any relative section or chapter notes ..
..



Note 7 to Section XI provides, in pertinent part:



      For the purposes of [Section XI], the expression "made up"
means:



            (a)   Cut otherwise than into squares or rectangles;



            (b)   Produced in the finished state, ready for use (
or merely needing

                  separation by cutting dividing threads) without
 sewing or other

                  working (for example, certain dusters, towels,
tablecloths, scarf

                  squares, blankets);



                                    * * *



      It is our opinion that the merchandise at issue cannot be
considered "made

up" for the purposes of Chapter 63, HTSUSA.  Note 7(b) to Section
 XI, HTSUSA, is

explicit in the types of articles considered "made up" under its
terms.  The

examples indicate that only items which have come directly off
the loom or knitting

machine, with relatively minor manipulations necessary to produce
 the end product,

are "made up."  In addition, Section XI, Note 7(a) clearly states
 that items cut

"otherwise than into squares or rectangles [emphasis added]" are
considered "made

up."  Finally, an applicable Explanatory Note excludes the
instant merchandise from

Chapter 63 inclusion.  The Explanatory Notes to the HTSUSA
constitute the official

interpretation of the tariff at the international level.  General
 Explanatory Note

(1)(b) to Chapter 63, HTSUSA, states that "[i]n particular, [
subchapter I of Chapter

63] does not include ... [n]onwovens merely cut into squares or
rectangles ...

(heading 56.03).  No de minimis size limitation is given;
therefore, no legal basis for

considering the pads "made up" exists.  As a result,
classification in Chapter 63 is

impossible.



      Chapter Note 3 to Chapter 56, HTSUSA, provides, in
pertinent part:



            Heading... 5603 cover[s] ... nonwovens, impregnated,
coated, covered

            or laminated with plastics ... whatever the nature of
 these materials

            (compact or cellular).
Heading 5603 also includes nonwovens in which plastics ... forms
the

            bonding substance.



            Heading... 5603 do[es] not, however, cover:



                                    * * *



            (b)   Nonwovens either completely embedded in
plastics ..., or entirely

                  coated or covered on both sides with such
materials, provided

                  that such coating can be seen with the naked
eye with no

                  account being taken of any resulting change of
color (chapter

                  39...)....



      No coating or covering of plastics on the instant
merchandise can be

discerned by viewing with the naked eye.  As a result, the pads
are classifiable

under Heading 5603, HTSUSA.



HOLDING:



      The square and rectangular scouring pads, not in a finished
 state, containing

non-abrasive substances, are classifiable under subheading 5603.
00.9020, HTSUSA,

textile category 223, as nonwovens, whether or not impregnated,
coated, covered

or laminated, other, impregnated, coated or covered.  The
applicable rate of duty

is 12.5 percent ad valorem.  The square and rectangular scouring
pads, not in a

finished state, containing non-abrasive substances, and laminated
 with cellulose

sponge, are classifiable under subheading 5603.00.3000, HTSUSA,
textile category

223, as nonwovens, whether or not impregnated, coated, covered or
 laminated,

other, laminated fabrics.  The applicable rate of duty is 16
percent ad valorem.



      The designated textile and apparel category may be
subdivided into parts.

If so, visa and quota requirements applicable to the subject
merchandise may be

affected.  Since part categories are the result of international
bilateral agreements

which are subject to frequent renegotiations and changes, to
obtain the most

current information available, we suggest that you check, close
to the time of

shipment, the Status Report On Current Import Quotas (Restraint
Levels), an

issuance of the U.S. Customs Service, which is updated weekly and
 is available at

your local Customs office.



      Due to the changeable nature of the statistical annotation
(the ninth and

tenth digits of the classification) and the restraint (quota/visa
) categories, you

should contact your local Customs office prior to importing the
merchandise to

determine the current applicability of any import restraints or
requirements.





                                         Sincerely,





                                         John Durant, Director

                                         Commercial Rulings
Division