CLA-2-56:OT:RR:NC:N3:350
Mr. Karl F. Krueger
Radix Group International
dba DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060
RE: The tariff classification of six textile filter fabrics, for filtration of air and liquids, from Canada
Dear Mr. Krueger:
In your letter dated July 15, 2014, broker reference 9700000081, you requested a tariff classification ruling on behalf of your client Texel, a division of ADS Inc. Six samples were submitted with your ruling request, and sent to the Customs and Border Protection (CBP) Laboratory for analysis.
In your initial submission and in subsequent communications with this office, it was indicated that all six samples are intended to be used as filtration media. These fabrics can be grouped into two types: 1) fabrics for the filtration of air and 2) fabrics for the straining of fluids. You state that these filter fabrics will be imported in a range of weights, but that the fabric samples submitted are representative of fiber content and construction. You indicate that all of the fabrics will be exported as roll goods, not articles. The width of the rolls are adapted to the converting procedures to be completed for a specific end use by the converter in the destination country.
The first group, Tribo Dust Filtration Fabrics, is represented by the samples identified as Tribo 0200 FJ and Tribo 0100 HJ S471. According to the information provided, these fabrics are made from a carded and needlepunched staple fiber blend of meta aramid and polypropylene fibers. You indicate that the fabrics are typically used as filters for respirator masks, furnace dust filters, and air conditioning filters, and vary in weight depending on the level of filtration desired.
According to the information provided, for the Tribo group there are two construction types:
Type a) Fabrics from 120 to 400 grams per square meter (g/m2): This fabric is made solely from a carded and needlepunched blend of meta aramid staple fibers and polypropylene staple fibers. The weight of these fabrics varies from 120 to 400 g/m2.
Type b) Fabrics from 50 to 120 g/m2: This type of filter fabric of lower basis weight needs the use of a continuous filament carrier in order to increase the strength of the fabric. The weight of the filament carrier is 17 g/m2, which represents from 15 to 35% of the total weight of the fabric
The Tribo filter media above are used as pleated media, fitted in a paperboard box or housing and used in furnace or AC ducts. They can also be used after pleating as air intake filters in automobiles, or can be used in respiratory apparatus as cut sheets or discs. The Tribo filters are intended to be used in an air environment. The staple fibers are spun finish-free; the friction of the fibers of opposite polarity during the carding and needling process create an electric field in presence of an air flow and will attract small size particles passing through the filter. The Tribo filters are not intended to be used in a liquid environment, as they would not be as efficient for that purpose.
U.S. Customs and Border Protection (CBP) Laboratory analysis has found that product
Tribo 0200 FJ (white in color) is a textile wadding. It is composed wholly of polyester staple fibers, and consists of three or more fiber webs that have been superimposed over each other and lightly needled to hold the fiber webs together. The sample does not have any type of application on or within the fiber webs.
CBP Laboratory analysis has found that product Tribo 0100 HJ S471 (white in color) is a textile wadding composed of three or more layers. Two or more webs of synthetic staple fibers have been superimposed one on the other and then bonded to a nonwoven textile fabric base by a needle punching process. There is no evidence of any type of chemical or natural substance application on or within the fiber surfaces and there is no evidence of any mechanical, chemical or thermal bonding besides needle punching; the synthetic staple fibers within the fiber webs are easily separable from each other. The top nonwoven textile fabric base layer is of synthetic filament fibers and weighs 11.1% by weight of the entire sample; the synthetic staple fiber web weighs 89.9% by weight of the entire sample.
In your submission you suggest classification under subheading 5911.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), as Straining cloth of a kind used in oil presses or the like, including that of human hair. However, as stated in CBP Headquarters Ruling H273379, “in Airflow Technology, Inc. v. United States, 524 F.3d 1287 (Fed. Cir. 2008), the U.S. Court of Appeals for the Federal Circuit … concluded that the term ‘straining cloth’ encompasses only products that separate solids from liquids.” Therefore, since the Tribo fabrics above are intended only for the filtering of air, they cannot be classified under heading 5911, HTSUS.
The applicable subheading for the two fabrics for dust or air filtration, Tribo 0200 FJ and Tribo 0100 HJ S471, will be 5601.22.0010, HTSUS, which provides for Wadding of textile materials and articles thereof…wadding…of man-made fibers, wadding, in the piece. The rate of duty will be 6.3% ad valorem.
The second group, described as micron rated filter fabrics, are represented by the samples identified as PEAXL 010, POAXLF 005, PEA 010, and POAF 001. Your letter states that these fabrics are intended for use as strainer filter medium for liquids. The strainer filter material is put into metallic strainers, the liquid is pumped though the filter and exits the holding open mesh strainer. The micron rated liquid filters are used as explained above to filter particles from various fluids, such as oil, paint, chemicals, water, etc. These four products are designed to be self-supporting even when under pressure in a system or when full of contaminants.
According to the information provided for the micron rated filter fabrics, these fabrics are intended for the filtration of liquids containing particles of variable sizes. They are constructed of a specific staple fiber blend, depending on the size of the particles to be filtered out. By making the fabric with coarse fibers, the particles to be filtered will be rather coarse. Therefore, the rating of this filter media is described by micron size, ranging from 1, 5, 10, 25, 50, 100 to 200 microns. Depending on the application and the liquid to be filtered, the fibers used in a specific filter medium will be made from polyester, polypropylene or from nylon. The choice of the fiber polymer is related to the chemical compatibility of the filter with the liquid to be filtered. The weight of the fabrics in this liquid filter family will range from 300 to 600 g/m2; in this case there is no need for a carrier.
CBP Laboratory analysis has found that product PEAXL 010 is of a needle loom felt-type construction and is composed of webs of man-made synthetic staple fibers superimposed over each other; it does not have any kind of surface application. The layers of the webs have been held together by needle punching process which is not complimentary to any other processes.
CBP Laboratory analysis has found that product POAXLF 005 is a felt fabric, composed wholly of synthetic staple fibers bonded together by a needle punching method. The sample is compact and is of even thickness, with tightly interlocked fibers. The top surface has been heat treated to make the surface stiffer than the back surface. There is no application of rubber or plastic or any natural material on any surface or within the layers.
CBP Laboratory analysis has found that product PEA 010 is of nonwoven construction and is constructed of a web of synthetic staple fibers. Analysis determined that this nonwoven fabric has been subjected to thermal bonding and needle punching processes. The sample does not have an application of any type of substance on or within the fiber web.
CBP Laboratory analysis has found that product POAF 001 is of nonwoven construction and is constructed of a single web of synthetic staple fibers. This nonwoven fabric has been needle punched and bonded together by a mechanical bonding method. However, one side of the fabric has been heat treated. The sample does not have an application of rubber or plastic or any other material on either surface.
According to laboratory analysis, the four fabrics above would be considered either felt or nonwoven fabrics of headings 5602 or 5603, HTSUS. However, the Explanatory Notes (EN), which have been ruled to be the official interpretation of the Harmonized Code at the international level, exclude both felts and nonwovens from those headings, if they are considered to be technical use fabrics of heading 5911.
The applicable subheading for the four fabrics for straining of liquids, PEAXL 010, POAXLF 005, PEA 010, and POAF 001 (all white in color), will be 5911.40.0000, HTSUS, 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 duty rate will be 8% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
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 Maribeth Dunajski at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division