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HQ 950167


March 13, 1992

CLA-2 CO:R:C:T 950167 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.40.0000

Leslie A. Glick
Porter, Wright, Morris & Arthur
1233 20th Street, N.W.
Washington, D.C. 20036-2395

RE: Classification of diffusion filter fabric; classifiable in Heading 5911

Dear Mr. Glick:

This letter is in response to your inquiry, on behalf of Viskon-Aire Corporation, requesting the tariff classification of diffusion filter fabric. Samples were submitted for examination.

FACTS:

The merchandise at issue, designated by you as diffusion filters, is composed of a high loft, nonwoven, 100 percent polyester fibermat, which is approximately 15 millimeters thick. The mat has been laminated with a lightweight woven fiberglass scrim on one side. You have indicated that this merchandise will be imported in rolls and cut to specific sizes after importation.

This merchandise will be used in a downdraft spray booth. The filter helps to provide a clean working environment for paint refinishing. This product is located in the ceiling of the spray paint booth and primarily prevents the entrance of damaging particles that may cause paint defects. The filter also provides a uniform distribution of air flow around the object being painted.

ISSUE:

Whether the merchandise at issue is classifiable in Heading 5911 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

You contend that the merchandise at issue is classifiable in Heading 8421, HTSUSA, which provides for centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof. Note 1(e) to Section XVI, HTSUSA, states that this section does not cover transmission or conveyor belts of textile material (Heading 5910) or other articles of textile material for technical uses (Heading 5911). The merchandise at issue, being textile fabric for technical uses, is therefore excluded from Heading 8421.

You argue that this merchandise should not be classified in Chapter 59 because it is a nonwoven; instead, it should be classified in Heading 5603. According to the Explanatory Notes, the official interpretation of the HTSUSA at the international level, at page 776, nonwovens for technical uses, of Heading 5911, are excluded from Heading 5603. Consequently the submitted merchandise is not classifiable in Heading 5603, but instead, in Heading 5911, which provides for textile products and articles, for technical uses, specified in Note 7 to this chapter.

Note 7, Chapter 59, provides that Heading 5911 applies to the following goods, which do not fall in any other heading of Section XI:

(a) Textile products in the piece, cut to length or simply cut to rectangular (including square) shape (other than those having the character of the products of headings 5908 to 5910), the following only:

(i) textile fabrics, felt and felt-lined woven fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes;

(ii) bolting cloth;

(iii) straining cloth of a kind used in oil presses or the like, of textile material or of human hair;

(iv) flat woven textile fabric with multiple warp or weft, whether or not felted, impregnated or coated, of a kind used in machinery or for other technical purposes;

(v) textile fabric reinforced with metal, of a kind used for technical purposes;

(vi) cords, braids and the like, whether or not coated, impregnated or reinforced with metal, of a kind used in industry as packing or lubricating materials;

(b) textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes (for example, textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines (for example, for pulp or asbestos- cement), gaskets, washers, polishing discs and other machinery parts).

The Explanatory Notes to Heading 5911 at page 823 state the following concerning textile fabric classifiable in Heading 5911:

Straining cloth (e.g., woven filter fabrics an [sic] needled filter fabrics), whether or not impregnated, of a kind used in oil presses or for similar filtering purposes..., and for gas cleaning or similar technical applications in industrial dust collection systems....

You state that if classifiable in Heading 5911, HTSUSA, this merchandise should not be classified under subheading 5911.40.0000, HTSUSA, which provides for straining cloth of a kind used in oil presses or the like, including that of human hair. You contend that nonwovens are not listed in the Explanatory Notes as being straining cloth. Therefore, you believe, this merchandise should be classified under subheading 5911.90.0000, HTSUSA, which provides for "other."

The types of fabric listed in the Explanatory Notes as used for straining cloth (woven and needled fabrics) are exemplars; we find no evidence which would support the conclusion that this note means that nonwovens cannot be used as straining cloth. The merchandise at issue is filtering fabric used for technical purposes, and in application of the relevant chapter notes and Explanatory Notes, would be classifiable as straining cloth. In addition, in HRL 084821, dated June 21, 1989, we ruled that similar merchandise, filtering fabric used for technical purposes, was classifiable under subheading 5911.40.0000. Being the more specific provision, 5911.40.0000 is the appropriate subheading for the merchandise at issue.

HOLDING:

The merchandise at issue is classified under subheading 5911.40.0000, HTSUSA, which provides for textile products and articles, for technical uses, specified in Note 7 to this chapter, straining cloth of a kind used in oil presses or the like, including that of human hair. The rate of duty is 17 percent ad valorem. No textile category is currently assigned to merchandise classified under this subheading.

Sincerely,

John Durant, Director

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