HQ 954138: Classification Filtrete Air Filter Media; technical use fabric; straining cloth; chapter 59, note 7.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 954138

                          June 15, 1993

CLA-2 CO:R:C:T 954138 ch

CATEGORY:  Classification

TARIFF NO.:  5911.40.0000

T. Wayne Vickers
Executive Vice President
Columbus Industries, Inc.
P.O. Box 257
2938 State Route 752
Ashville, Ohio  43103-0257

Re:  Classification Filtrete Air Filter Media; technical use
     fabric; straining cloth; chapter 59, note 7.

Dear Mr. Vickers:

     This is in response to your letters of May 11 and May 19,
1993, requesting tariff classification under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA) for
certain dust filtration media.  A sample was provided to our
office for examination.  

FACTS:

     The subject merchandise, described as "Filtrete Air Filter
Media," is a material incorporated into filter cartridges for
various air filter manufacturers.  The submitted sample is
approximately 186 mm in width.  It features a sleeve made of a
spunbonded nonwoven, and covers a 4 to 5 mm thick batting of
either a needled material or a nonwoven textile fiber material. 
Accompanying advertising material states that electrostatic
charges are incorporated along each of the component fibers to
enhance their particle capture efficiency.  

     After importation the material is cut to a specific length,
supported with a wire mesh on one side, accordion folded for more
surface area, and then incorporated vertically into a container. 
The cardboard container also contains a nonwoven element with
carbon.  A sample of a cartridge for use in a BIONAIRE room air
filter measures approximately 7 x 5.5 x 4.75 inches.

     In a telephone conversation with you, we ascertained that
the material is shipped in 90 meter long rolls, generally with a
width of 185.74 mm.  The material comes in a variety of different
weights between 80 gr/m2 and 300 gr/m2 (thickness, density
varies).  The product is sold by the roll, with a unit price of
between $39.00 and $211.00.

ISSUE:

     What is the proper tariff classification for the Filtrete
Air Filter Media?

LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI).  GRI 1 provides that
classification is determined first in accordance with the terms
of the headings of the tariff and any relative section or chapter
notes.  Where goods cannot be classified on the basis of GRI 1,
the remaining GRI will be applied in order.

     Heading 5911, HTSUSA, provides for textile products and
articles, for technical uses, specified in note 7 to this
chapter.  The term "for technical uses" is not defined in the
HTSUSA.  However, the Explanatory Notes (EN) to the Harmonized
Commodity Description and Coding System, which constitute the
official interpretation of the nomenclature at the international
level, offer some general guidance regarding the meaning of this
phrase:

     The textile products and articles of this heading
     present particular characteristics which identify them
     as being for use in various types of machinery,
     apparatus, equipment or instruments or as tools or
     parts of tools.

The instant filter material is incorporated into a cartridge for
certain air filter apparatus.  Accordingly, it appears to fall
generally within the scope of heading 5911.

     Section XI, chapter 59, note 7, HTSUSA, specifically
describes the goods which are encompassed by heading 5911.  This
note states 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 metals;

     (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).

     Under the terms of chapter 59, note 7(a), only the textile
fabrics and products enumerated in 7(a)(i) through 7(a)(vi) fall
within the purview of heading 5911.  Note 7(b) enlarges the scope
of this heading to include textile articles of a kind used for
technical purposes.  However, in this case note 7(b) is
inapplicable as the filter material is imported in the piece
(i.e. in material lengths).  Therefore, this merchandise is
classified under heading 5911 only if it is one of the fabrics
and products specified in notes 7(a)(i) through 7(a)(vi).

     Note 7(a)(iii) provides for "straining cloth of a kind used
in oil presses or the like."  The EN to heading 5911 define this
phrase as follows:

     Straining cloth (e.g. woven filter fabrics and needled
     filter fabrics), whether or not impregnated, of a kind
     used in oil presses or for similar filtering purposes
     (e.g., in sugar refineries or breweries) and for gas
     cleaning or similar technical applications in
     industrial dust collecting systems.  The heading
     includes oil filtering cloth, certain thick heavy
     fabrics of wool or of other animal hair, and certain
     unbleached fabrics of synthetic fibres (e.g., nylon)
     thinner than the foregoing but of a close weave and
     having a characteristic rigidity.  It also includes
     similar straining cloth of human hair.  (Emphasis
     added).  

Hence, straining cloth includes, for example, filter fabrics used
for technical applications in industrial dust collecting systems.

     In Headquarters Ruling Letter (HRL) 950493, dated September
29, 1992, we addressed the proper classification of certain
polyester filter material imported in rolls for use as an air
filter to remove dust particles from treated intake air.  In that
ruling, we interpreted the EN cited above as follows:

     The subject filter mat is made of a nonwoven fabric
     imported in the piece, which is used for filtering
     purposes.  It is installed in the ceilings or walls of
     down draft spray booths to filter unwanted dust
     particles from the air.  This is considered a technical
     application in an industrial dust collecting system. 
     It is clear that the Notes have not limited the term
     "straining cloth" to textiles which are used as
     straining cloth in oil presses, since other filtering
     processes are provided for, including those for air and
     other gases.

Thus, we found that cloth used to filter dust particles from the
air to be a technical application in an industrial dust
collecting system.  On this basis, the air filter material was
classified as a straining cloth, pursuant to subheading 5911.40,
HTSUSA.

     Moreover, in New York Ruling Letter (NYRL) 863512, dated
June 11, 1991, issued to Filtrete Corporation, we classified
certain filtration media used to remove particulate matter from
polluted air under subheading 5911.40.  In fact, the material
which was the subject of that ruling appears to be identical to
the instant merchandise.  

     It has been suggested that heading 5603, which provides for
nonwovens, whether or not impregnated, coated, covered or
laminated, may describe the instant filter cloth.  However the EN
to heading 5603, at page 776, excludes "nonwovens for technical
uses, of heading 5911."  As we find that heading 5911 describes
this material, we are precluded from classifying it under heading
5603.

     The applicable headings, legal notes and precedent cited
above control the outcome in this case.  Therefore, the subject
merchandise is classifiable as straining cloth for technical
uses, pursuant to subheading 5911.40.

HOLDING:

     The subject merchandise is classifiable 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 applicable rate of duty
is 17 percent ad valorem.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact the local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.

                         Sincerely,



                         John Durant, Director