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NY A81921




April 16, 1996

CLA-2-59:RR:NC:TP:350 A81921

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.0080; 4016.93.5050; 9020.00.9000

Ms. Mary Beth Viruete
Made In Mexico Inc.
1250 Sixth Avenue, Suite 1100
San Diego, CA 92101

RE: The tariff classification of nonwoven air filters (both textile and glass) and rubber gaskets for use in respirators/gas masks, from Mexico.

Dear Ms. Viruete:

In your letter dated March 22, 1996, you requested a tariff classification ruling. The manufacturer is Tecnicas Mexicanas de Ensamble, S.A. de C.V., Tijuana, Mexico.

A sample of the complete air filtration headgear and nine representative samples of filter elements were submitted and two rubber disks identified as follows: 1040-25, B102025, 600204, B1010-01, 6012-15, B104022, B1040-42, B1020-22, B1400-53, 9612-42 and B1400-11, respectively. All but items 9612-42, B1400-11 and B1040-42, are filters of nonwoven textile construction and, according to your brochure, are composed of varying amounts of textile fibers (wool and/or man-made fibers, etc). Item B1040-42 is a filter of similar construction except that it is made of fiberglass. B1400-11 and 9612-42 are disks made of rubber. These filters are mainly circular in configuration measuring about 2.5" in diameter. These filters are designed for permanent incorporation into replaceable canisters that are attached to respiratory headgear as illustrated by the furnished sample. These filters are intended to prevent inhalation of dangerous gas as part of headgear designed specifically for that purpose. The cut, imported nonwoven filter material, will be incorporated into the replaceable canisters in the United States. Styles B1400-11 (natural rubber) and 9612-42 (neoprene rubber) are not filter elements, but consist of circular disks measuring about 1.25" in overall diameter and function as a valve in the mask. They each contain a small hole in their center for placement in the nose section of the respirator.

You mentioned subheading 8421.39.8090, HTS, as a possible classification. This subheading covers: ... "centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases; parts thereof...". The completed filtering masks are classifiable in heading 9020.00.9000, HTS, which provides for other breathing appliances and gas masks, ... parts and accessories thereof. The textile filters, considered articles for technical use, as well as the rubber gaskets are precluded from classification therein by virtue of Chapter 90, note 1(a) which reads "this chapter does not cover... articles of a kind used in machines, appliances or for other technical uses, of vulcanized rubber other than hard rubber (heading 4016), of leather or ... of textile material (heading 5911)".

The applicable tariff provision for the textile filters, will be 5911.90.0080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for textile products and articles, for technical use. The general rate of duty will be 6.8 percent ad valorem.

The applicable subheading for the fiberglass filter will be 9020.00.9000, HTS, which provides for other breathing appliances and gas masks, ... parts and accessories thereof... The general rate of duty is 3.2 percent ad valorem.

The applicable subheading for the two rubber gaskets will be 4016.93.5050, HTS, which provides for other articles of vulcanized rubber other than hard rubber, of other than cellular rubber, ... gaskets, washers and other seals, other than O-Rings and Oil Seals. The general rate of duty is 3.1 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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