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NY M87476




October 20, 2006

CLA-2-59:RR:NC:TA:350 M87476

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.0080

Ms. Patricia Messenger
Western Overseas Corporation
4111-K Rose Lake Drive
Charlotte, NC 28217

RE: The tariff classification of a filter bag, for use on a papermaking machine, from Canada.

Dear Ms. Messenger:

In your letter dated October 9, 2006, on behalf of Southern Paper Group, Greer, SC, you requested a tariff classification ruling.

The instant sample, as described in your letter, consists of a filtration bag, which measures about 4-feet in height and an average of about 3-feet in length in its lay flat condition. The bag, which slightly tapers at one end, is of a woven construction, which has been formed from polypropylene plastic, monofilament yarns, measuring less than 1 mm in cross section. As such, these yarns are considered to be of textile material for tariff purposes. This bag contains a zippered closure at the top portion and a hard plastic induction plate at the other end to facilitate its placement on the respective machine.

Specifically, this bag, when used on a papermaking machine, is used for filtering paper fibers and paper pulp fibers in the process of making paper.

You suggest classification in tariff subheading 8441.90.0000, which provides for parts for machinery for making up paper pulp, paper or paperboard, etc. . However, Section XVI, note 1(e) that governs classification of products in Chapter 84 of the tariff, states that "this section does not cover transmission or conveyor belts of textile material (5910) or other articles of textile material for technical uses (heading 5911)." Therefore, your product is precluded from classification therein.

The applicable subheading for the product will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile products and articles for technical use. The general 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 HTSUS 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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