CLA-2-59:RR:NC:TA:350 D85467
Mr. Gregg Hunsanger
FiberMark, Inc.
340 Mill Street
Rochester, MI 48307
RE: The tariff classification of nonwoven cooking oil filter
cones and fabric for manufacture into same. The fabric is
of Taiwan and the cones are manufactured in China from such
fabric.
Dear Mr. Hunsanger:
In your letter dated November 30, 1998, you requested a
tariff classification ruling.
We note per a recent telephone conversation with your office
that the fabric is of Taiwan origin and the cones are
manufactured in China from such fabric.
You submitted representative samples of the completed
filters as well as the fabric from which they are made. The
material of these filters is of rayon man-made fiber nonwoven
construction containing an acrylic binder. Though, not given,
the rayon appears to be of staple length fibers. The weight of
the material was given as 48 g/mý. The completed cones,
measuring 10 inches on the side, are constructed by folding a
semi-circular piece on itself and sewing the edges. The cones
are used in restaurants where used cooking oil is funneled
through the cone where debris particles are captured, thus
permitting reuse of the filtered oil.
Your letter indicates that if this material is imported as
roll goods, it will be imported in widths of 9« to 36 inches and
lengths of 800 to 850 yards.
You mention tariff classification number 5911.90.0080, which
is for textile articles for technical use. The 5911 heading is
for textile articles that, in general, are used in conjunction
with machines. This cone is used only with a funnel and not a
machine and, therefore, is not considered an article for
technical use.
The applicable subheading for the product if imported as
roll goods will be 5911.40.0000, Harmonized Tariff Schedule of
the United States (HTS), which provides for straining cloth of a
kind used in oil presses or the like. The rate of duty will be
11 percent ad valorem.
If imported as finished cones, the applicable subheading
will be 6307.90.9989, HTS, which provides for ... other made up
articles ... The duty rate is 7 percent ad valorem.
There are no textile restraints for this merchandise from
either Taiwan or China.
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 George
Barth at 212-466-5884.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division