CATEGORY: Classification s84

NY I81864

May 17, 2002

CLA-2-48:RR:NC:2:234 I81864

CATEGORY: Classification

TARIFF NO.: 4818.40.2000

Mr. Peter Slupski Administration Consolidated Ecoprogress Technology Inc. Suite 910 – 885 Dunsmuir Street Vancouver, British Columbia, Canada V6C 1N5

RE: The tariff classification of sanitary articles from the United Kingdom

Dear Mr. Slupski:

In your letter dated May 8, 2002, you requested a tariff classification ruling. Two sample articles were submitted, which will be retained for reference.

The samples are paperboard folding cartons measuring 6 ¼” x 4 ¼” x 2”, and 5” x 4” x 3”, which will be imported containing “flushable and biodegradable” feminine sanitary napkins, for sale at retail.

In the first instance the carton contains 30 “flushaway”® Panty Liners; in the other instance the carton contains 12 “flushaway” ® “Towels with wings”.

Both articles contain absorbent cores which are made of fluff pulp and airlaid paper.

The applicable subheading for these Panty Liners and Towels with Wings will be 4818.40.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for: Sanitary napkins and tampons, diapers and diaper liners and similar sanitary articles: Of paper pulp. The rate of duty will be Free

The retail packages (folding cartons) are not marked to indicate the country of origin, United Kingdom, of the contained merchandise. Each such retail package must be so marked, at time of importation. Failure to mark will result in delays in release of the goods until the condition is corrected, or additional duties, etc.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 2

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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division