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NY J82309




April 17, 2003

CLA-2-59:RR:NC:TA:350 J82309

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.43.9020; 5911.31.0080; 5911.32.0080; 5911.40.0000; 5911.90.0080

Mr. Karl F. Krueger
Danzas AEI Customs Brokerage Services
29200 Northwestern Highway
Southfield, MI 48034

RE: The tariff classification of textile filaments from Taiwan, filtering belts and belting from Sweden, and dutiable status of freight and insurance charges for the monofilaments of Taiwan origin.

Dear Mr. Krueger:

In your letter dated March 10, 2003, on behalf of Madison Filter, Kirkland, Ontario, Canada, you requested a tariff classification ruling.

You wish us to address four classification questions. 1) Monofilaments (Taiwan) used in the manufacture of monofilament “Filterlink” spiral belts; 2) spiral made filter belts ready to use; 3) endless woven filter belts and 4) open-ended woven filter belts (belting). In addition, you ask about the dutiable status of certain freight and insurance charges respecting the importation of the monofilaments from Taiwan.

With respect to the dutiability of the freight and insurance charges for the importation of the monofilament from Taiwan, please address a separate ruling request to Commissioner of Customs, Attention: Office of Regulations and Rulings, Washington, DC 20229.

A representative sample of the monofilament yarn and two (E0530, E0680) samples of the spiral link belting were submitted. Specification data sheets were provided for the other materials, which are all of woven construction.

Your correspondence presents the following situations for which you seek advice.

1. The polyester textile monofilaments, 0.70 and 0.85 mm dia., will be shaped to form the monofilament yarn spirals that are linked to form the Filterlink spiral belts. These belts are used as filter belts in filtration machinery.

2. The belts (articles) formed of the linked monofilament yarn spirals having similar uses to the textile fabrics of a kind used in paper making, etc., (endless or closed loop belts) do not fall under the respective subheadings 5911.31 or 5911.32. The Subheading Explanatory Note to 5911.90 directs classification of such belts to 5911.90.0080.

3. The endless woven (closed loop) filter belts are classifiable in either tariff subheading 5911.31.0080 or 5911.32. 0080, depending upon whether weighing over or under 650g/m². These belts are made to a predetermined size, length and width for use in a specified machine. Thirteen such styles of various man-made fiber belts were under consideration. They were listed as: A5-1200-E, A6-0601-E, A6-0630-E, A6-0750-E, A80500-E, A8-1300-E, E4-0641-E, E4-0642EK, E2470-EA, E2471-EG, E2472-EP, E2473-ES and E2476-E, respectively.

4. In situation four you ask about the woven filter material, open ended, imported in rolls that has a clipper seam. Rolls of this type of material, which, after importation, will be cut to specific lengths for specific machines are being classified under subheading 5911.40 as straining or filter cloth.

Clipper seams and linking devices are synonymous terms for simple mechanisms that are used to join the two ends of a specific length of belting together to form a continuous or closed loop (a belt). They are incorporated into the respective ends of the belt.

In a phone conversation with the NIS it was clarified that by “clipper seam”, it was meant that one end of the roll was finished or treated prior (a necessary step) to affixing one part of the fastening device. You refer to HQ ruling 963619 and question if the complementary (other half ) of the fastening device was attached to the other end of the roll might not the roll qualify for classification under 5911.31 or 5911.32 as textile fabrics fitted with linking devices?

In the cited ruling (963619) the woven material, cut to length (no further cutting has to be performed), with linking devices attached was considered classifiable, depending on the weight, under either 5911.31 or 5911.32, as textile fabrics fitted with linking devices (machine filtration belts). This good was a product ready to use that needed no further working other than fastening the two ends together by use of the linking device or clipper seam.

It may have not been made thoroughly clear in the HQ ruling that therein mentioned filter “belt” was ready to use without any further processing or manufacture. The Explanatory Notes to 59.11 makes reference to “textile articles” (B) (2) “textile fabrics endless or fitted with linking devices,” which reads:

“ All textile articles of a kind used for technical purposes (other than those of headings 59.08 to 59.10) are classified in this heading and not elsewhere in Section XI (see note 7 (b) to the Chapter); for example:

(2) Textile fabrics and felts, endless or fitted with linking devices, of a kind used in paper-making or similar machines (for example, for pulp or asbestos-cement) (excluding machinery belts of heading 59.10).

The inference, regarding this heading, is that an article is a ready to use good that need no further processing.

You ask about long rolls of material that has a linking device at each end, but from which more than one belt would be cut to specific length. Each newly cut belt would have to have a linking device affixed to at least one end, or both if cut from the middle of the length. You are in effect making belts from material in the length (in the piece).

Since the material must undergo further manufacture, you initially do not have a belt that is fitted with linking devices. Thus, such long lengths, to be further cut to size, would not qualify for consideration under 5911.31 or 5911.32. This material would be classifiable as straining or filtering cloth under 5911.40.0000. .
The applicable subheading for the monofilaments as described in #1 will be 5402.43.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, ...; of polyesters, other; other; ... monofilament. The rate of duty will be 8.2 percent ad valorem.

The applicable subheading for the belts made of monofilament yarn spirals outlined in situation #2 will be 5911.90.0080, HTS, which provides for textile products and articles, for technical use. The duty rate will be 4.8 percent ad valorem.

The applicable subheading for the endless woven (closed loop) filter belts described in situation #3 will be predicated upon their respective weights. If weighing less than 650 g/m², they would be classifiable in tariff subheading 5911.31.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines. The rate of duty will be 4.2 percent ad valorem.

If weighing 650 g/m² or more, they would be classifiable in tariff subheading 5911.32.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines. The rate of duty will also be 4.2 percent ad valorem.

The applicable subheading for the woven filter material, open ended, imported in rolls that may or may not have a clipper seam (situation #4) and that will be further cut to specific lengths for specific machines are classifiable in tariff subheading 5911.40.0000, HTS, which provides for textile products and fabric (59.11(A)(3) EN) for technical uses, straining cloth of a kind used in oil presses or the like. The duty rate is 8.5 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 George Barth at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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