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August 19, 1999

CLA-2-56:RR:NC:TA:350 E85349

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.40.0000

Mr. Paul Vroman
AEI Customs Brokerage Services
2555 20th Street
Port Huron, Michigan 48060

RE: The tariff classification of nonwoven (needlefelt) filter material from Canada.

Dear Mr. Vroman:

In your letter dated July 23, 1999, on behalf of Texel Inc., Saint-Elzear-Beauce, Quebec, you requested a tariff classification ruling.

You submitted three similarly constructed fabric samples, but of different fiber combinations, and three plastic bags of three different fibers and write the products are described as follows:

“Nonwoven fabric(s) made from one or more man made fibers and waste. The fibers used include Conex, Nomex, and Kevlar. We believe the fibers and waste to be classified under 5503.10, 5503.90. And 5505.10.. There is no cotton fiber in the fabric. All fabrics have a weight exceeding 200g/m2.”

The specific fabrics include:

270g Conex (100% Conex fiber)*
725g Cx/Kv 30 (70%Conex; 30%Kevlar)
220g Cx/Kv 30 (70%Conex; 30%Kevlar)
300g Cx/Kv 30 (70%Conex; 30%Kevlar)*
300g conex (100% Conex)
250g Nomex (100%)*

* Designates the three sample fabrics submitted. You believe the goods are classifiable under HTSUS number 5603.14.9090 as nonwovens, of man-made filaments, weighing more than 150 g/m².

The three packets of the submitted fibers, one each of Conex, Nomex and Kevlar, and so labeled, all contain staple length fibers. Your referred to classifications under 5503 and 5505 reflect staple length fibers. The three named fibers are actually all of the same aramid group (types of nylon). Subheading 5603.14 is for nonwovens of filament fibers. The three submitted samples are made from webs of staple length fibers.

No manufacturing details were furnished. All of the materials, from physical examination and observation, are of needleloom construction. You also write that the end use for the fabrics is for industrial use, either padding or as filter material. Fabrics in this form of construction and using aramid fibers, which are known for their high strength and integrity at high temperatures are generally used in or as filtration media. As such, the goods are considered as straining cloth, which includes filter material.

The applicable subheading for the filter material of needleloom construction 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 10.5 percent ad valorem. Filtration type fabrics are included in this subheading.

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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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