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NY 800857




August 15, 1994

CLA-2-59:S:N:N6:350 800857

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.40.0000

Mr. John E. McGowan
Mitsui Textile Corp.
1400 Broadway, 22nd Floor
New York, NY 10018

RE: The tariff classification of a spunbonded-meltblown filter material from Japan.

Dear Mr. McGowan:

In your letter dated August 1, 1994 you requested a tariff classification ruling. The manufacturer is Mitsui Sekka (Petrochemical) Ltd., of Japan.

The instant sample consists of a nonwoven material which is composed of a layer of polypropylene staple fibers that are melt-blown onto a supporting layer of spunbonded (filament fibers) polyester fabric. You indicate in your letter that the two layers are firmly bonded together by heat, ultrasonically, or by the use of adhesives.

This material will be used to produce automotive cabin air filters that will remove dust, pollens, and exhaust particles from the air inhaled by vehicle occupants. You further indicate that this material has applications in 1) HVAC Filtration, 2) Air Cleaners, 3) Air Conditioners, 4) Vacuum Post Filters and 5) Disk Drive Filters.

You ask for classification under subheading 5603.00.9030, HTS, because of the construction of the material. This material, because of its use and function, is considered a technical use material (filtration). The explanatory notes are used to interpret the classifications under the various headings. In the EN to heading 5603, there is a note (ij) under "this heading also excludes:" that reads "nonwovens for technical uses, of heading 59.11" (page 776 of the EN). Classification is, therefore, remanded out of chapter 56.

The applicable subheading for the material, therefore, 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 17 percent ad valorem.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely

Jean F. Maguire
Area Director
New York Seaport

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