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NY I87367




November 26, 2002

CLA-2-84:RR:NC:1:104 I87367

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.29.0065; 5911.90.0080

Mr. Mark Laumann
3M U.S. Export/Import Regulations
P.O. Box 33800
St. Paul, MN 55144-1000

RE: The tariff classification of extraction disks from Mexico

Dear Mr. Laumann:

In your letter dated October 23, 2002 you requested a tariff classification ruling.

Samples and literature have been provided for extraction disks and cartridges. You describe the products as follows:

Product #1 - The Empore Extraction Disks are 47 mm or 90 mm diameter membranes approximately .5 mm to .8 mm thick. There are two types. One is approximately 90% silica and 10% polytetrafluoethylene (PTFE). The other is approximately 90% styrene divinylbenzene polymer and 10% PTFE. The silica and polymer are 8 to 50 microns in diameter and are held together with small strands of PTFE. They are intended for solid phase extraction during scientific research. The disk is actually better described as a particle-loaded membrane. This membrane can be secured into a variety of devices.

Product # 2 - Empore Oil and Grease Extraction Disks.This particular product, you write, was specifically designed for the EPA Method 1664 and Silica Gel Treated N-Hexane Extractable Material. This extraction disk or filter is made up of three layers or components. In a subsequent fax transmission (11-07-02) you indicate that the top layer is a nonwoven (textile) polypropylene also called Oilsorb. The second layer (middle) is your Empore web material that consists primarily of glass beads (silica) held together by small strands of PTFE - a plastic matrix. The bottom layer is a polypropylene nonwoven (textile) material called Celestra.

We will assume that it is the Oilsorb layer that is the thickest, about 70-75% of the total thickness of the disk. It appears to be of a melt blown nonwoven construction. The Celestra layer, the thinnest, has the characteristics of a spunbonded nonwoven.

The three materials in rolls or sheet form are layered then in a single operation are sealed and cut into a disk format using an ultrasonic welder. The disks are some 47 mm in diameter.

Product #3 – The Empore High Performance Disk Cartridges are used for solid phase extraction (SPE) of analytes from liquid samples. They are described as an alternative to packed column technology. This sample pretreatment procedure removes or minimizes sample matrix and other interferences to “clean-up” a sample prior to analysis. The samples are produced in 1 ml, 3 ml, 6 ml and 40 ml sizes. They are made of 100% polypropylene and each cartridge has a membrane sealed in the bottom that is made of 90% silica and 10% PTFE or 90% polymer and 10% PTFE (as described above product #1). There are also two small polypropylene rings and 8 layers of 100% nonwoven polypropylene filter material.

The applicable subheading for Products # 1 and 3 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.

Because of the nature of the product, with the pronounced use of the nonwoven textile components, the Oil and Grease Extraction disks, Product #2, are considered textile articles for technical use (filtration). The applicable subheading for these disks will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles for technical uses. The rate of duty will be 4.5 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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