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NY K89869




October 1, 2004

CLA-2-59:RR:NC:TA:350 K89869

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.40.0000

Mr. Martin W. Dooley
Multimodal International Limited
2100 East Devon Avenue, Suite C
Elk Grove Village, IL 60007

RE: The tariff classification of nonwoven filtration media for use in the automobile industry, from Japan.

Dear Mr. Dooley:

In your letter dated September 27, 2004, on behalf of Toyota Tsusho America, Inc., Maryville, TN, you requested a tariff classification ruling.

The instant sample, identified as product number PD643311-0620, consists of a nonwoven material which is composed of a polyester/polypropylene man-made fiber blend containing a rubber based adhesive binder. This material will be used as an integral component in passenger compartment air intake filter media, for the purpose of removing hydrocarbons. Your letter indicates that this material weighs 88 g/m² and will be imported as roll goods measuring 511 mm in width and 200 meters in length. The following technical weight breakdown was submitted:

Wt. Of polyester: 73.9%
Wt. Of Polypropylene: 22.7%
Wt. Of Resin: 3.4%

The applicable subheading for the product 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 rate of duty will be 8 percent ad valorem. While your letter indicates that this material may be imported in greater widths (which may or may not be pleated) this will not affect the classification as shown above.

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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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