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HQ 954138


June 15, 1993

CLA-2 CO:R:C:T 954138 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.40.0000

T. Wayne Vickers
Executive Vice President
Columbus Industries, Inc.
P.O. Box 257
2938 State Route 752
Ashville, Ohio 43103-0257

RE: Classification Filtrete Air Filter Media; technical use fabric; straining cloth; chapter 59, note 7.

Dear Mr. Vickers:

This is in response to your letters of May 11 and May 19, 1993, requesting tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for certain dust filtration media. A sample was provided to our office for examination.

FACTS:

The subject merchandise, described as "Filtrete Air Filter Media," is a material incorporated into filter cartridges for various air filter manufacturers. The submitted sample is approximately 186 mm in width. It features a sleeve made of a spunbonded nonwoven, and covers a 4 to 5 mm thick batting of either a needled material or a nonwoven textile fiber material. Accompanying advertising material states that electrostatic charges are incorporated along each of the component fibers to enhance their particle capture efficiency.

After importation the material is cut to a specific length, supported with a wire mesh on one side, accordion folded for more surface area, and then incorporated vertically into a container. The cardboard container also contains a nonwoven element with carbon. A sample of a cartridge for use in a BIONAIRE room air filter measures approximately 7 x 5.5 x 4.75 inches.

In a telephone conversation with you, we ascertained that the material is shipped in 90 meter long rolls, generally with a width of 185.74 mm. The material comes in a variety of different weights between 80 gr/m2 and 300 gr/m2 (thickness, density varies). The product is sold by the roll, with a unit price of between $39.00 and $211.00.

ISSUE:

What is the proper tariff classification for the Filtrete Air Filter Media?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Where goods cannot be classified on the basis of GRI 1, the remaining GRI will be applied in order.

Heading 5911, HTSUSA, provides for textile products and articles, for technical uses, specified in note 7 to this chapter. The term "for technical uses" is not defined in the HTSUSA. However, the Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which constitute the official interpretation of the nomenclature at the international level, offer some general guidance regarding the meaning of this phrase:

The textile products and articles of this heading present particular characteristics which identify them as being for use in various types of machinery, apparatus, equipment or instruments or as tools or parts of tools.

The instant filter material is incorporated into a cartridge for certain air filter apparatus. Accordingly, it appears to fall generally within the scope of heading 5911.

Section XI, chapter 59, note 7, HTSUSA, specifically describes the goods which are encompassed by heading 5911. This note states 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 metals;

(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).

Under the terms of chapter 59, note 7(a), only the textile fabrics and products enumerated in 7(a)(i) through 7(a)(vi) fall within the purview of heading 5911. Note 7(b) enlarges the scope of this heading to include textile articles of a kind used for technical purposes. However, in this case note 7(b) is inapplicable as the filter material is imported in the piece (i.e. in material lengths). Therefore, this merchandise is classified under heading 5911 only if it is one of the fabrics and products specified in notes 7(a)(i) through 7(a)(vi).

Note 7(a)(iii) provides for "straining cloth of a kind used in oil presses or the like." The EN to heading 5911 define this phrase as follows:

Straining cloth (e.g. woven filter fabrics and needled filter fabrics), whether or not impregnated, of a kind used in oil presses or for similar filtering purposes (e.g., in sugar refineries or breweries) and for gas cleaning or similar technical applications in industrial dust collecting systems. The heading includes oil filtering cloth, certain thick heavy fabrics of wool or of other animal hair, and certain unbleached fabrics of synthetic fibres (e.g., nylon) thinner than the foregoing but of a close weave and having a characteristic rigidity. It also includes similar straining cloth of human hair. (Emphasis added).

Hence, straining cloth includes, for example, filter fabrics used for technical applications in industrial dust collecting systems.

In Headquarters Ruling Letter (HRL) 950493, dated September 29, 1992, we addressed the proper classification of certain polyester filter material imported in rolls for use as an air filter to remove dust particles from treated intake air. In that ruling, we interpreted the EN cited above as follows:

The subject filter mat is made of a nonwoven fabric imported in the piece, which is used for filtering purposes. It is installed in the ceilings or walls of down draft spray booths to filter unwanted dust particles from the air. This is considered a technical application in an industrial dust collecting system. It is clear that the Notes have not limited the term "straining cloth" to textiles which are used as straining cloth in oil presses, since other filtering processes are provided for, including those for air and other gases.

Thus, we found that cloth used to filter dust particles from the air to be a technical application in an industrial dust collecting system. On this basis, the air filter material was classified as a straining cloth, pursuant to subheading 5911.40, HTSUSA.

Moreover, in New York Ruling Letter (NYRL) 863512, dated June 11, 1991, issued to Filtrete Corporation, we classified certain filtration media used to remove particulate matter from polluted air under subheading 5911.40. In fact, the material which was the subject of that ruling appears to be identical to the instant merchandise.

It has been suggested that heading 5603, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, may describe the instant filter cloth. However the EN to heading 5603, at page 776, excludes "nonwovens for technical uses, of heading 5911." As we find that heading 5911 describes this material, we are precluded from classifying it under heading 5603.

The applicable headings, legal notes and precedent cited above control the outcome in this case. Therefore, the subject merchandise is classifiable as straining cloth for technical uses, pursuant to subheading 5911.40.

HOLDING:

The subject merchandise is classifiable 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 applicable rate of duty is 17 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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