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NY L89209




December 6, 2005

CLA-2-59:RR:NC:TA:350 L89209

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.0080

Mr. Christopher Colford
Mitsui & Co., (U.S.A.), Inc.
200 Park Avenue
New York, NY 10166-0130

RE: The tariff classification of an ultra high performance air filter, for use in clean rooms, etc., from Japan.

Dear Mr. Colford:

In your letter dated November 21, 2005, which was a follow-up to an earlier inquiry where we requested additional information, you requested a tariff classification ruling.

Your sample is being returned as requested.

The instant sample, identified as a “Neurofine” air filter, consists of a nonwoven filtering element composed of a PTFE membrane sandwiched between two nonwoven sheets of polyethylene man-made fibers. This material has been folded into an accordion shaped configuration and mounted in a rubber gasket before being placed into its aluminum housing. This filter measures approximately 7" x 4" x 2" and will be used in clean rooms, and, in addition, the various tools employed in the semiconductor industry. It is the nonwoven filtration element that imparts the essential character to this item.

You suggest classification is proper in tariff subheading 8421.90.8015, which provides for other filtering and purifying machinery and apparatus for gases, however, this is not correct.

Section XVI, note 1(e), which governs the classification of products classified therein, states, in part, “this section does not cover articles of textile material for technical uses (heading 5911)”.

Therefore, the applicable subheading for the product will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for textile products and articles for technical uses. The rate of duty will be 3.8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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