Two Recent Customs Rulings Relating to Textile Flock and Dust

In a letter to Hanesbrands of Winston-Salem, N.C., dated June 28, 2013, U.S. Customs and Border Protection ("CBP") ruled (Binding Ruling N243396) that a flock heat transfer is classifiable at 5601.30.0000, Harmonized Tariff Schedule of the United States ("HTSUS"), which provides for textile flock. In this case the the heat transfers consist of rayon flocking on carrier paper, with an adhesive in the design of a logo. The logo design will be heat-transferred to finished garments. The heat transfers measure 26mm x 26mm. The logo is produced by creating the image on a film or screen, then printing the image onto flocked sheeting. Then the adhesive is applied on the back of the sheet. In the heat transferring, both the paper and the adhesive are consumed, leaving only the textile flocked logo.

In another letter, to Carlisle Food Service Products of Oklahoma City, Oklahoma, dated June 26, 2013, CBP ruled (Binding Ruling N242799) that a finely ground textile dust used as absorbent for industrial spills is classifiable at 5601.30.0000, HTSUS. The submitted sample is a product called SpillEater™ in its retail packaging, which is similar to a half-gallon milk container and contains two pounds (.91 kg) of the finely ground powder. It is described as a natural spill absorbent for industrial spills such as oils, turpentine, certain acids, and the like. The material safety data sheet states that it is “96% USDA Certified Bio Based Agricultural Plant Fiber and 4% Natural Crop Field Earth Ground to Specified Mesh.” In a telephone conversation Carlisle Food Service Products confirmed to CBP that the plant fiber is cotton fibers, not stem or stalk.

In both cases the textile product is question will be duty-free.