July 14, 2004 CBP Bulletin Notices on Textile Pillow Covers with Zipper Closures and Certain Nonwoven Man-Made Material for Use in Blood Filtration

CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed rulings, or any party involved with a substantially identical transaction, should advise CBP by August 13, 2004, the date that written comments on the proposed rulings are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in these notices.

CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.

Textile Pillow Covers with Zipper Closures. CBP states that at issue in proposed HQ 967166 is an unfilled "U-shaped" pillow cover, made of 100% polyester knit fleece fabric with a 7-inch long zippered opening. After importation into the U.S, the cover is to be stuffed with polyester fiber fill and the zipper closed.

At issue in proposed HQ 966808 are two pillow covers made from either 100% cotton woven fabric or 55% polyester/45% cotton woven fabric. The fourth edge of the pillow covers is designed with a zipper closure. After importation, the covers are to be stuffed with a latex foam "bun" and the zippers closed.

CBP is proposing to issue HQ 967166 and HQ 966808 in order to revoke HQ 965342 and NY J86955, respectively, and reclassify the subject pillow covers under HTS 6304.

CBP states that, as it has consistently ruled in various previous rulings that finished pillow or cushion covers with zipper closures are classifiable as other furnishing articles in HTS 6304, the subject pillow covers were incorrectly classified in HQ 965342 and NY J86955, and instead should be classified in HTS 6304.

Certain Nonwoven Man-Made Material for Use in Blood Filtration. According to CBP, at issue is a nonwoven man-made material for use in blood filtration. The spunbound nonwoven material is imported as piece goods and is manufactured of a melt blow polyester which is considered to be a staple fiber. After importation the subject material undergoes a process, known in the industry as "grafting" during which the fabric is exposed to a solution with monomers and solvents and exposed to gamma radiation with subsequent washing and drying. The product's ultimate use is for leukocyte (white blood cell) reduction in blood filtration systems.

CBP is proposing to issue HQ 967110 in order to revoke HQ 964255 and reclassify the material, depending on its weight, under (1) HTS 5603.92.0090 as "other nonwovensweighing more than 25 g/m² but not more than 70 g/m², other" or under (2) HTS 5603.93.0090 as "other nonwovensweighing more than 70 g/m² but not more than 150g/m², other" rather than under HTS 5911.40.0000 which provides for "straining cloth of a kind used in oil presses or the like, including that of human hair."

CBP states that in Filmtec Corporation v. U.S., the Court of International Trade (CIT) held that nonwoven textile fabric sheet, imported in rolls and after importation coated to produce a membrane to be used as a filter medium, could not function as a filter medium in its imported condition. It was held that because the fabric did not have the essential character of the finished article (i.e., the ability to strain salt from water), it could not fall within HTS 5911.

Accordingly, CBP states that the subject material in its imported condition is classifiable in HTS 5603.

proposed: 5603.92.0090 (Cat 223), duty-free; 5603.93.0090 (Cat 223), duty-free.

current: 5911.40.0000, 8%.

July 14, 2004 CBP Bulletin (Vol. 38, No. 29) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_07142004_no29/