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NY K80327




November 21, 2003
CLA-2-84:RR:NC:1:104 K80327

CATEGORY: CLASSIFICATION

TARIFF NO.: 8421.39.8015

Mr. Karl Krueger
Danzas AEI
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of reticulated foam filter rings from Canada

Dear Mr. Krueger:

In your letter dated October 17, 2003 on behalf of Purolator Filters, a division of Arvin Meritor of Dexter, Missouri you requested a tariff classification ruling.

A sample of a radial air filter with a reticulated foam filter ring wrapped around the outside has been provided. The ring, also referred to as a foam wrap, is formed by sewing the ends of the foam material together. It has a circumference of approximately 3’9” with a width of 4” and a thickness of just under ½”. The filter with the ring is placed in an automotive air filter housing. A drawing of the foam filter ring has also been provided.

You suggest that classification should be under HTS subheading 8421.99.0080 which provides for parts of filtering or purifying machinery and apparatus. The foam filter ring by itself however functions as a filter. Also known as a prefilter, it removes larger and coarser particles thus extending the life of the primary filter element which is composed of a pleated cellulose, resin impregnated paper.

The applicable subheading for the reticulated foam filter ring will be 8421.39.8015, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus, for gases: other: other. The rate of duty will be free.

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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