CLA-2 CO:R:C:T 950167 CC
Leslie A. Glick
Porter, Wright, Morris & Arthur
1233 20th Street, N.W.
Washington, D.C. 20036-2395
RE: Classification of diffusion filter fabric; classifiable in
Heading 5911
Dear Mr. Glick:
This letter is in response to your inquiry, on behalf of
Viskon-Aire Corporation, requesting the tariff classification of
diffusion filter fabric. Samples were submitted for examination.
FACTS:
The merchandise at issue, designated by you as diffusion
filters, is composed of a high loft, nonwoven, 100 percent
polyester fibermat, which is approximately 15 millimeters thick.
The mat has been laminated with a lightweight woven fiberglass
scrim on one side. You have indicated that this merchandise will
be imported in rolls and cut to specific sizes after importation.
This merchandise will be used in a downdraft spray booth.
The filter helps to provide a clean working environment for
paint refinishing. This product is located in the ceiling of the
spray paint booth and primarily prevents the entrance of damaging
particles that may cause paint defects. The filter also provides
a uniform distribution of air flow around the object being
painted.
ISSUE:
Whether the merchandise at issue is classifiable in Heading
5911 of the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA)?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
You contend that the merchandise at issue is classifiable in
Heading 8421, HTSUSA, which provides for centrifuges, including
centrifugal dryers; filtering or purifying machinery and
apparatus, for liquids or gases; parts thereof. Note 1(e) to
Section XVI, HTSUSA, states that this section does not cover
transmission or conveyor belts of textile material (Heading 5910)
or other articles of textile material for technical uses (Heading
5911). The merchandise at issue, being textile fabric for
technical uses, is therefore excluded from Heading 8421.
You argue that this merchandise should not be classified in
Chapter 59 because it is a nonwoven; instead, it should be
classified in Heading 5603. According to the Explanatory Notes,
the official interpretation of the HTSUSA at the international
level, at page 776, nonwovens for technical uses, of Heading
5911, are excluded from Heading 5603. Consequently the submitted
merchandise is not classifiable in Heading 5603, but instead, in
Heading 5911, which provides for textile products and articles,
for technical uses, specified in Note 7 to this chapter.
Note 7, Chapter 59, provides that Heading 5911 applies to
the following goods, which do not fall in any other heading of
Section XI:
(a) Textile products in the piece, cut to length or simply
cut to rectangular (including square) shape (other than
those having the character of the products of headings
5908 to 5910), the following only:
(i) textile fabrics, felt and felt-lined woven
fabrics, coated, covered or laminated with
rubber, leather or other material, of a kind used
for card clothing, and similar fabrics of a kind
used for other technical purposes;
(ii) bolting cloth;
(iii) straining cloth of a kind used in oil presses or
the like, of textile material or of human hair;
(iv) flat woven textile fabric with multiple warp or
weft, whether or not felted, impregnated or
coated, of a kind used in machinery or for other
technical purposes;
(v) textile fabric reinforced with metal, of a kind
used for technical purposes;
(vi) cords, braids and the like, whether or not coated,
impregnated or reinforced with metal, of a kind
used in industry as packing or lubricating
materials;
(b) textile articles (other than those of headings 5908 to
5910) of a kind used for technical purposes (for
example, textile fabrics and felts, endless or fitted
with linking devices, of a kind used in papermaking or
similar machines (for example, for pulp or asbestos-
cement), gaskets, washers, polishing discs and other
machinery parts).
The Explanatory Notes to Heading 5911 at page 823 state the
following concerning textile fabric classifiable in Heading 5911:
Straining cloth (e.g., woven filter fabrics an [sic]
needled filter fabrics), whether or not impregnated, of a
kind used in oil presses or for similar filtering
purposes..., and for gas cleaning or similar technical
applications in industrial dust collection systems....
You state that if classifiable in Heading 5911, HTSUSA, this
merchandise should not be classified under subheading
5911.40.0000, HTSUSA, which provides for straining cloth of a
kind used in oil presses or the like, including that of human
hair. You contend that nonwovens are not listed in the
Explanatory Notes as being straining cloth. Therefore, you
believe, this merchandise should be classified under subheading
5911.90.0000, HTSUSA, which provides for "other."
The types of fabric listed in the Explanatory Notes as used
for straining cloth (woven and needled fabrics) are exemplars; we
find no evidence which would support the conclusion that this
note means that nonwovens cannot be used as straining cloth.
The merchandise at issue is filtering fabric used for technical
purposes, and in application of the relevant chapter notes and
Explanatory Notes, would be classifiable as straining cloth. In
addition, in HRL 084821, dated June 21, 1989, we ruled that
similar merchandise, filtering fabric used for technical
purposes, was classifiable under subheading 5911.40.0000. Being
the more specific provision, 5911.40.0000 is the appropriate
subheading for the merchandise at issue.
HOLDING:
The merchandise at issue is classified under subheading
5911.40.0000, HTSUSA, which provides for textile products and
articles, for technical uses, specified in Note 7 to this
chapter, straining cloth of a kind used in oil presses or the
like, including that of human hair. The rate of duty is
17 percent ad valorem. No textile category is currently assigned
to merchandise classified under this subheading.
Sincerely,
John Durant, Director
Commercial Rulings Division