HQ 084653
September 13,1989
CLA-2 CO:R:C:G 084653 AJS
TARIFF NO: 5911.90.00; 8473.30.80; 9002.20.80
Don Soekland Jr.
Traffic Supervisor
Optical Coating Laboratory Inc.
2789 Northpoint Parkway
Santa Rosa, CA 95407-7397
RE: Vision Master anti-glare filter
Dear Mr. Soekland:
Your letter of May 15, 1989, providing additional infor-
mation and a request for a ruling under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) was referred to
this office for reply.
FACTS:
The Vision Master is a micro-mesh filter used to control
glare and reflection from a CRT as well as increase the contrast
of the display. The filter works by blocking out light with its
honeycombing effect and transmitting characters through the
openings of the mesh, and thus causing them to appear with
enhanced contrast against the black fabric. They are
manufactured using matte black micro-fine nylon mesh mounted
under tension on a plastic frame.
ISSUE:
Whether the article in question is properly classifiable in
subheading 5911.90.00, HTSUSA, which provides for other textile
products and articles for technical uses; or in subheading
8473.30.80, HTSUSA, which provides for parts and accessories of
automatic data processing machines; or in subheading 9002.20.80,
HTSUSA, which provides for optical elements of any material that
are mounted.
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LAW & ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 states
that classification is determined first in accordance with the
terms of the headings of the tariff and any relative section or
chapter notes. The headings at issue in this case, 5911, 9002
and 8473 state:
5911 Textile products and articles for
technical uses, specified in note 7 to
this chapter:
5911.90.00 Other
* * * * * * * * * * * *
9002 Lenses, prisms, mirrors and other optical
elements, of any material, mounted, being
parts of or fittings for instruments or
apparatus, other than such elements of glass
not optically worked; parts and accessories
thereof:
9002.20 Filters and parts and accessories thereof:
9002.20.80 Other
* * * * * * * * * * * *
8473 Parts and accessories (other than covers,
carrying cases and the like) suitable for
use solely or principally with machines of
headings 8469 to 8472:
8473.30 Parts and accessories of the machines of
heading 8471:
8473.30.80 Other
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.
-3-
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 make the
operation of an automatic data processing machines easier. 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 video display
unit (VDU). For the occasional VDU user this filter may be a
nice accessory but 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 "includes, 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 also gives further evidence that
this type of textile article was to be given special attention.
Not only does this provision specify that it includes articles
excluded elsewhere, but other provisions also specifically
exclude these textile articles.
Section XVI, Note 1(e), states that this Section does not
cover articles of textile material for technical uses in heading
5911. Therefore, the article in question is excluded from
Section XVI and thus Heading 8473.
Heading 9002 provides for lenses and other optical elements
made of any material mounted on a machine or apparatus. Chapter
90, Note 1(a), excludes articles for technical use made of
textile material. It also makes reference back to heading 5911
to demonstrate what type of articles are excluded. Therefore,
the article in question would also be excluded from this heading
on the same grounds that it was excluded from heading 8473.
In sum the article in question appears to be classifiable in
heading 5911. It is an article of woven nylon which is a textile
material. It is used to filter light and thus reduce the glare
from video screens. In other words, it acts exactly like the
various filters mentioned in the Explanatory Notes. These
factors enable the article to meet both the material and use
requirement of heading 5911.
-4-
HOLDING:
The article in question is properly classifiable in
subheading 5911.90.00, HTSUSA, which provides for textile
articles used for technical purposes, dutiable at the rate of
7.5 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division