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NY L87069




September 7, 2005

CLA-2-59:RR:NC:TA:350 L87069

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.40.0000

Ms. Nikki Wilson
Mallory Alexander International Logistics 1100 Temple Street
Little Rock, AR 72202

RE: The tariff classification of four synthetic textile fabrics, for use in the filtration process in pulp and paper mills, from Brazil.

Dear Ms. Wilson:

In your letter dated August 24, 2005, on behalf of Southern Wire Inc., 220 Industrial Drive, Star City, AR, you requested a tariff classification ruling.

You supplied four representative samples which were identified with product code numbers: S0405001, S0632001, S0305002 and S042005, respectively . You state that these fabrics are placed inside large vats in pulp and paper mills where water is filtered through the fabric on the various washer drums.

The first item, style S0405001, consists of a woven dewatering fabric, which is composed of 100% polypropylene plastic filaments measuring 0.7 mm in the warp and 0.9 mm in the weft. You state that this material weighs 1,000 grams per square meter and will be used in a washing and thickener filter.

The second item, style S0632001, consists of a woven sleeve fabric, which is composed of 100% polypropylene plastic filaments measuring 0.4 mm in the warp and weft. You state that this material, weighs 400 grams per square meter and will be used in a washing and thickener filter.

The third item, style S0305002, consists of a woven dewatering fabric, which is composed of 100% polypropylene plastic filaments measuring 0.7 mm in the warp and 0.9 mm in the weft. You state that this material weighs 1,052 grams per square meter and will be used in machines to manufacture pulp.

The fourth and final item, style S042005, consists of a woven dewatering fabric, which is composed of 100% polypropylene plastic filaments measuring 0.5 mm in the warp and 0.5 mm in the weft. You state that this material weighs 940 grams per square meter and will be used in machines to manufacture pulp.

According to your correspondence, all of these materials are being imported as roll goods to be further cut and fabricated after importation to suit their intended purpose(s).

While you suggest that classification is proper in tariff subheading 5911.31.0080 or 5911.32.0080, which provides for textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines , this would not be correct.

As these materials will be imported as piece or roll goods which, after importation, will be cut to size and further fabricated to become endless, i.e., have clipper seams etc., classification in the two tariff subheading cited above would not be correct.

The applicable subheading for the four materials will be 5911.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for straining cloth of a kind used in oil presses or the like. The duty rate is 8 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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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