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NY A80437




March 6, 1996

CLA-2-59:RR:NC:TP:350 A80437

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.40.0000

Ms. Gilda Zandi
Porter International
9295 Siempre Viva Road
San Diego, CA 92173

RE: The tariff classification of a nonwoven filtering media for use in reverse osmosis desalination, etc., from Japan.

Dear Ms. Zandi:

In your letter dated February 14, 1996, on behalf of Hydranautics, San Diego, CA, you requested a tariff classification ruling. The manufacturer is AWA Paper International, Japan. Also included was a product description page from Hydranautics.

The instant sample, which you indicate will be imported in rolls measuring about 15,000 feet in length, is made using 100% polyester textile fibers in a wet-laid process, which is similar to that of paper making. You write that formed web is coated with a polysulfone membrane and then a polyamide membrane. The impregnation or coating of these additional substances are not visible nor have they changed or altered the fibrous nature of the nonwoven. Your correspondence states that this membrane is used to filter water, extracting dissolved salts out of the water, better known as reverse osmosis desalination (R.O Water). We assume that the filter membrane will become an integral part of filtering apparatus.

You believe proper classification is under subheading 4805.40 (Section X) as filter paper. The General Explanatory Notes to this Section established that paper consists essentially of the cellulosic fibers of the pulps of Chapter 47. The note goes on to read "where the textile fibers predominate by weight, the products are not regarded as paper and are classified as nonwovens (heading 56.03)." Your product is made from man-made fibers thus precluding classification under 4805.

Since this product is considered for technical use, the applicable subheading for the material 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.

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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