CLA-2:CO:R:C:G 083200 JMH

Lynda Burgess
Periphlex Inc.
5-5230 Finch Avenue East
Scarborough, Ontario M1S 4Z9
CANADA

RE: Super ScreenMate anti-glare filter

Dear Ms. Burgess:

Your letter of September 12, 1988 requesting a classification ruling under the Harmonized Tariff Schedule of the United States (HTSUSA) was referred to this office for a reply.

FACTS:

The "Super ScreenMate" is an anti-glare filter used on computer video display units (VDU's). According to the marketing literature, the anti-glare filters are manufactured "...with nylon micro-monofilament fibers woven in an extremely regular square weave pattern which results in a columnating grid pattern." This fabric is then laminated to a plastic frame for attachment to a screen of a video display unit.

ISSUE:

What is the proper classification under the HTSUSA for the Super ScreenMate?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes..." The relevant heading in this case is heading 5911, HTSUSA. Heading 5911 states:

5911 Textile products and articles for technical uses, specified in note 7 to this chapter:

5911.90.00 Other -2-

Chapter 59 Note 7(a) specifies that heading 5911 applies to "[t]extile products in the piece, cut to length or simply cut to rectangular (including square) shape..." Note 7(a)(iii) specifically mentions straining cloth as one of the textile products included in heading 5911. Explanatory Note 59.11(A)(3) describes straining cloth, in part, as woven filter fabric used for filtering purposes. These notes suggest that textile products cut into rectangular shape and used for filtering purposes may be covered within this heading.

Similarly, Explanatory Note (B) states "[a]ll textile articles of a kind used for technical purposes... are classified in this heading and not elsewhere in Section XI..." (B)(1) states that any of the fabrics of (A) above which have been made up (cut to shape, assembled by sewing etc.)...are included. This note adds further evidence that this heading includes textile fabrics cut to shape and used as a filtering device for technical purposes.

This office also considers this filtering function a technical use. Basically, the filter is used to ease the operation of automatic data processing machines. It accomplishes this task by filtering out glare and enabling the user to see the screen better. This decreases eye strain and allows the user to be more productive when using a VDU. Because of the frequent and increasing use of VDUs, especially in technical fields, we are of the opinion that this article is for technical use.

The Explanatory Notes for heading 5911 also state that this heading "included, in particular, those textile articles which are excluded from other headings and directed to heading 59.11 by any specific provision of the Nomenclature (for example Note 1(e) to Section XVI)." This note gives additional support that textile articles of this kind are included therein.

HOLDING:

The Super ScreenMate anti-glare filter is properly classifiable in subheading 5911.90.0000, HTSUSA. The rate of duty is 7.5 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division