The tariff classification of nonwoven polyester/rayon wet wipes from China

N303545 April 27, 2020 CLA-2-56:OT:RR:NC:N3:350 CATEGORY: Classification TARIFF NO.: 5603.94.9010; 9903.88.03 Hulene Miller C.H. Robinson International3955 Faber Place DriveSuite 200North Charleston, SC 29405 RE: The tariff classification of nonwoven polyester/rayon wet wipes from China Dear Ms. Miller: In your request dated March 19, 2019, you requested a tariff classification ruling on behalf of your client, Creative Venture Group LLC. Samples were provided and sent for laboratory analysis. The samples will be retained for reference purposes.The samples, packaged as “Venture Wipes,” are square 12 inch by 12 inch cleaning wipes. The wipe has a raised textured dot pattern. According to your submission the wipes are composed primarily of staple fibers and are impregnated with a solution which consists primarily of water in addition to aloe, calcium gluconate, tea tree oil and vitamin E. You state the purpose of the product is to cleanse the body in the manner of a cloth. Your letter also indicates the natural ingredients contained in the wipe assist in cleaning and freshening, but the purpose of the fabric is to remove dirt and perspiration. According to The U.S. Customs and Border Protection Laboratory, the wipes do not contain soap or surfactants. The sample tested was determined to be of nonwoven construction, composed of man-made fibers, with evidence of mechanical bonding. The tested sample weighs 75.4 grams per square meter when dry and 297.3 grams per square meter when wet. It is the opinion of this office that the nonwoven textile functions as more than merely a carrier for the water and other ingredients. The textured nonwoven surface directly facilitates the removal of dirt. In your letter you suggest classification under 5603.12.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens of man-made filament fibers. However, such classification is precluded because the “Venture Wipes” are said to be composed of 80 percent staple fibers. The applicable subheading for the Venture Wipes will be 5603.94.9010, HTSUS, which provides for “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 150g/m²: Other: Other: 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.Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 5603.94.9010, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e. 9903.88.03, in addition to subheading 5603.94.9010, HTSUS, listed above.The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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 the 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 Michael Capanna at michael.s.capanna@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division