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NY I84735




August 21, 2002

CLA-2-84:RR:NC:1:104 I84735

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.29.0065; 5911.40.0000

Mr. Bill Julich
Delmar International Inc.
147-55 175th Street
Jamaica, NY 14434

RE: The tariff classification of filtering machinery and fabric filter rolls from Italy

Dear Mr. Julich:

In your letter dated July 25, 2002 on behalf of Italian Technology Association, Inc. of Sparta, New Jersey you requested a tariff classification ruling.

The coolant filtration machines, Series Roll and Roll C, are used with metal grinding/cutting machines to remove dirt and metal chips, shavings, etc. from oil based coolants. Both models are essentially gravity based filtration units which will be set up adjacent to the customer’s machine tool. The dirty coolant flows out of the cutting or grinding machine by gravity and is directed onto the filter fabric. The liquid seeps through the fabric and leaves the debris behind. The cleaned coolant that drips through is then returned to the cutting/grinding machine by means of a pump. As the filter fabric gets dirty, the fabric is advanced by a fractional HP gear motor. In addition to the fabric roll, pump and motor, the Roll machines also include a level control and an internal conveyor to advance the fabric. Options include a magnetic separator to remove the majority of iron based metals to prolong the life of the filter fabric and an oil skimmer to remove the majority of the oil from the surface of the coolant. The difference between the Series “Roll” and “Roll C” is that the Roll C is a centralized unit that can support multiple grinding/cutting machines.

You also provided a sheet describing non-woven fabric rolls used on the Roll and Roll C machines described above. You indicate that the material is nonwoven polyester with an average weight of 30 - 90 grams per sq. meter. Differences of the weight refer to grades of filtration. The representative sample of the filter media furnished is 45 microns thick and is of a spunbonded filament construction. The fabric is imported in rolls and does not require any further processing to be used on the machine. There is no hardware attached to the roll. The roll is discarded once it has been run through the machine.

The applicable subheading for the Roll and Roll C fabric filtering machines will be 8421.29.0065, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for liquids: other. The rate of duty will be free.

The applicable subheading for the spare rolls of fabric, which fabric is considered a textile product for technical use (filtration), imported with the above machines or separately imported in rolls will be 5911.40.0000, HTS, which provides for straining cloth (filtration) and the like. The rate of duty will be 9 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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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