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NY E89840




November 9, 1999

CLA-2-59:RR:NC:TA:350 E89840

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.40.0000; 5911.90.0080

Ms. Audrey Szatkowski
Schenker International, Inc.
123 Silvert Court
Bensenville, IL 60106

RE: The tariff classification of filter bags and filter fabric for industrial filtration, from China.

Dear Ms. Szatkowski:

In your letter dated October 21, 1999, on behalf of FSI Filter Specialists, Inc., you requested a classification ruling.

Two representative samples were submitted consisting of the raw material from which the filters will be produced as well as a prototype of the final filter, itself.

The filter material, which you indicate will be imported as piece (roll) goods, consists of a finely woven mesh fabric made of nylon man-made fibers. Your correspondence indicates that this material will be manufactured in a variety of mesh sizes having a range of 1 micron to 1, 200 microns.

The finished filtration bag, as depicted by the instant sample, consists of a rather cylindrical configuration which is tapered at the closed end. It measures about 13 inches long and 3 inches in diameter and is constructed from this fine mesh material. The filter is seemed and stitched closed except for an opening at one end which is designed to facilitate its application or function in the appropriate filtering apparatus. A label inside the bag submitted, indicates that it is 400 micron mesh size. Your correspondence further states that some of these bags will be imported semi-finished and others will contain a plastic sealing ring depending on customers’ final requirements. Such modifications will not affect the final classification.

These bags have final application in industrial liquid filtration such as auto assembly plant e-coating paint filtration and waste water treatment filtration, etc.

You suggest classification in tariff subheading 8421.99.0080. However, Section XVI, note 1(e) which governs classification of products in Chapter 84 of the tariff, states that “this section does not cover transmission or conveyor belts of textile material (5910) or other articles of textile material for technical uses (heading 5911).” Therefore, your product(s) are precluded from classification therein.

The applicable subheading for the product, if imported in material lengths, i.e., as piece goods, will be 5911.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles for technical uses, straining cloth of a kind used in oil presses or the like. The duty rate will be 10.5 percent ad valorem.

The applicable subheading for the product if imported as filtration bags (finished or semi-finished) will be 5911.90.0080, HTS, which provides for textile products and articles for technical uses, The duty rate is 5.6 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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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