HQ 083793: Classification of nonwoven fabric called "E Tork"

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 083793

 	April 5 1989

CLA2 CO:R:C:G 083793, 837118 JLJ

CATEGORY: Classification

TARIFF NO.: 5603.00.9040

Mr. Steven W. Baker, Esquire
Bellsey and Baker
100 California Street, Suite 670
San Francisco, California 94111

RE:  Classification of nonwoven fabric called "E Tork"

Dear Mr. Baker:

     	You requested a tariff classification under the Harmonized Tariff Schedules of the United States Annotated (HTSUSA) for a nonwoven fabric called "E Tork," imported from Europe for your client, Molnlycke Inc.

FACTS:

     	The samples submitted, known as "E Tork," consist of nonwoven fabric composed of the following (as determined by the Customs laboratory):

     	Viscose Rayon                   		45 percent
     	Olefin                                   	  	  7 percent
     	Vinal (Polyvinylalcohol       	  	  6 percent
     	Bleached chemical wood pulp            42 percent
                                    		          100 percent
ISSUE:

     	What is the HTSUSA classification of the "E Tork"?

LAW AND ANALYSIS:

     	We note that the three textile manmade fiber components (i.e., viscose rayon, olefin and vinal) amount to 58 percent of the weight of the "E Tork."

     The Explanatory Notes to Chapter 48, HTSUSA, page 664, state
the following:
	2


     	Paper consists essentially of the cellulosic fibres of the
     	pulps of Chapter 47 felted together in sheet form.  Many
     	products, such as certain teabag materials, consist of a
     	mixture of these cellulosic fibres and of textile fibres (in
     	particular manmade fibres as defined in Note 1 to Chapter
     	54).  Where the textile fibres predominate by weight, the
     	products are not regarded as paper and are classified as
     	nonwovens (heading 56.03).

Inasmuch as the instant material is 58 percent textile materials by weight, it is classified as a nonwoven textile fabric in Heading 56.03, HTSUSA.

     	The instant "E Tork" nonwoven fabric is classified under the provision for nonwovens, whether or not impregnated, coated, covered or laminated: other: other: other, in item 5603.00.9040, HTSUSA, dutiable at the general rate of 12.5 percent ad valorem.
Textile category number 223 applies to this item number.

HOLDING:

     "E Tork" nonwoven textile fabric is classified in item 5603.00.9040, HTSUSA.

                              				Sincerely,

                              				John Durant, Director
                              				Commercial Rulings Division