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NY A80354




March 6, 1996

CLA-2-59:RR:NC:TP:350 A80354

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.40.0000

Mr. John Burns
AEI/Radix Customs Brokerage Services
2711 Turn[pike Industrial Drive
Middletown, PA 17057

RE: The tariff classification of nonwoven synthetic filtration media, from France.

Dear Mr. Burns:

In your letter dated February 8, 1996, on behalf of Ahlstrom Filtration Corporation, Holly Springs, PA, you requested a tariff classification ruling. You submitted a before sample ("A") and a brochure depicting, ostensibly, several after samples (after importation) to this office. However, a Fax submitted directly to us from Ahlstrom Filtration Corporation dated February 28, 1996, states that this brochure was sent in error and is to be disregarded.

The subject merchandise, consists of wet laid nonwoven filtration media composed of unspecified synthetic man-made fibers. You state that this material is produced on a paper making machine and will be imported in rolls measuring 43 inches wide. The instant sample measures about 1/16" in thickness and weighs 79g/m2. You indicate that after importation, these materials will be calendared by Ahlstrom Filtration Corporation before being shipped to their customers who will in turn apply various coatings which will make this material suitable for its ultimate purpose in filtration.

The applicable subheading for the product will be 5911.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for straining cloth of a kind used in oil presses or the like. The rate of duty will be 12 percent ad valorem.

Your contention that this material is not textile is incorrect noting that the material is made from spun man-made fiber textile fibers. Additionally, we note General Rule of Interpretation 2(a) which reads in part "any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article". Following the tenets incorporated in GRI 2(a), the material you are importing is deemed to be unfinished filter cloth in its condition as imported. Therefore, the classification given above is considered proper for this merchandise.

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

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 George Barth at 212-466-5884.

Sincerely,

Roger J. Silvestri
Director

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