CLA-2-59:S:N:N3H:350 867060
Mr. Gerry Bosshardt
Alfa-Laval Agri, Inc.
11100 N. Congress Avenue
Kansas City, MO 64153-1222
RE: The tariff classification of nonwoven filter material and
sleeves made from such material, which will be used to filter
milk, from Finland.
Dear Mr. Bosshardt:
In your letter dated September 13, 1991, you requested a tariff
classification ruling.
Your letter requested tariff classification of nonwoven filter
material and sleeves made from such material which are designed
to be used in an in-line filtration system used to filter milk.
Your request included two types of nonwoven textile fabric:
K486 80 Plain K555 78 Plain
Listed composition: PES-Fibers PES Fibers
Cellulose Cotton
Linters
Acrylic binder Acrylic binder
While your letter only mentions cotton linters, we note that
cotton linters are not normally used in their naturally occurring
state, but are chemically converted to a cellulosic rayon (a man- made
fiber). Both materials also contain polyester textile fibers. The PES
designation above refers to polyester textile fibers.
However, with regard to nonwoven textile materials as well as
fabrics of such construction which are for technical use, it is not a
classification criteria whether or not the material contains cotton
linters, per se, a vegetable fiber or such linters converted to a
man-made rayon. Your letter indicates that the material itself, would
be imported in approximately 4.75" to 10" widths and 3,000' to 4,000'
lengths.
We agree with your suggested classification that both filter
materials are classifiable under subheading 5911.40.0000, Harmonized
Tariff Schedule of the United States (HTS), which provides for textile
products for technical use, straining cloth of a kind used in oil
presses and the like. The rate of duty will be 17 percent ad valorem.
However, noting that the made up filter sleeves are textile, and, as
such, are classified as articles for technical use; such products are
excluded from classification under item 8434.90, HTS, by virtue of
legal note 1(e) to Section XV1. Accordingly, the made up filter
sleeves are classifiable under the provision for textile articles, for
technical use, in item 5911.90.0000, HTS. The duty rate is 7.5 percent
ad valorem.
This ruling is being issued under the provisions of Section 177
of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be brought
to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport