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HQ 085425


December 13, 1989

CLA-2 CO:R:C:G 085425 TLS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.00

Ms. Sharon L. Marshall
GP Technologies, Inc.
160 Meister Avenue
Somerville, New Jersey 08876

RE: Computer terminal screen shield

Dear Ms. Marshall:

You request a ruling on the proper classification of a computer terminal screen shield under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Your letter dated August 7, 1989 has been submitted to this office for a reply.

FACTS:

The computer terminal screen shield consists of a molded ABS plastic frame to which is attached a woven polyester mesh material which has been chemically etched and covered with a nickel metallic coating. The shield is rectangular and can range in size from approximately 8 3/4" X 12" to 10 3/4" X 13". It is mounted to the outside front of any computer monitor by means of velcro tabs. The shield's purpose is to protect computer users from potentially harmful effects of glare, static electricity, and electrical and magnetic ELF and VLF transmissions.

ISSUE:

Is the computer terminal screen shield properly classifiable under the following HTSUSA heading:

5911, HTSUSA, covering textile products and articles for technical uses, specified in note 7 to [chapter 59].

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI) govern the classification of articles under the HTS. GRI 1 requires us to classify articles according to the terms of the headings and any relative section or chapter notes. Note 7(b) of chapter 59 expressly states that heading 5911 applies to textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes. Heading 5911 covers textile articles for technical uses. The shield is made of polyester mesh fabric which is covered with a nickel metallic coating. It is intended to be used as a protective device for computer users against hazardous glare, static, and electrical and magnetic transmissions from computer terminals. Being of such physical composition and usefulness, the shield fits the description of articles covered under 5911. Thus, we find the computer terminal screen shield to be an article of textile material for technical use.

As an article to be used as a part of an electrical apparatus, the shield might be classifiable under a heading of section XVI. However, Note 1(e) of section XVI expressly states that this section does not cover articles of textile material for technical uses. The note refers us back to heading 5911 for classification purposes. Therefore, we find that the computer terminal screen shield is properly classifiable under heading 5911.

HOLDING:

The computer terminal screen shield is classified under subheading 5911.90.00, HTSUSA, as a textile article for technical use.

Sincerely,

John Durant, Director

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