HQ 084821: Classification of filtering fabric

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 084821

                          June 21, 1989


CLA-2 CO:R:C:G  084821  HP

CATEGORY:  Classification

TARIFF NO.:  5911.40.0000

Ms. Donna Witowski
Panalpina, Inc.
P.O. Box 66437 AMF O'Hare
Chicago, IL 60666

RE:  Classification of filtering fabric

Dear Ms. Witowski:

     This is in reply to your letters of May 10 and 23, 1989,
concerning the tariff classification of filter cloth, produced in
Japan, under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).  Reference your client Hitachi Metals Trading
Corp.

FACTS:

     The merchandise at issue is a needleloomed nonwoven man-
made fiber fabric with a woven scrim fabric center layer.  One
surface is lightly calendered.  The fabric is comprised of
approximately 28 percent by weight of polyester, and
approximately 72 percent by weight of polyamide.  The fabric is
used on a machine in the production of magnets to strain moisture
via a vacuum process from the liquid magnet slurry.  The
material, referred to as "filter cloth model FT20508," will be
imported by the roll with dimensions ranging from .76m to .95m
wide, and 4000m in length.

ISSUE:

     What is the proper classification of the article under the
HTSUSA?

LAW AND ANALYSIS:

     Heading 5911, HTSUSA, provides for textile products for
technical uses.  The General Rules of Interpretation (GRI's) to
the HTSUSA govern the classification of goods in the tariff
schedule.  GRI 1 states, in pertinent part:

          ... classification shall be determined according to the
          terms of the headings and any relative section or
          chapter notes ....

Goods which cannot be classified in accordance with GRI 1 are to
be classified in accordance with subsequent GRI's, taken in
order.

     Note 7 to Chapter 59, HTSUSA, provides:

          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 purpos-
               es (for example, textile fabrics and felts, end-
               less or fitted with linking devices, of a kind
               used in papermaking or similar machines (for exam-
               ple, for pulp or asbestos-cement), gaskets, pol-
               ishing discs and other machinery parts).

     The Explanatory Notes to the HTSUSA constitute the official
interpretation of the tariff at the international level.  The
Explanatory Note to heading 5911, HTSUSA, provides, in pertinent
part:

          [(A)(3)]  Straining cloth (e.g., woven filter fabrics
          an [sic.] needled filter fabrics) [is covered], whether
          or not impregnated, of a kind used in oil presses or
          for similar filtering purposes ..., and for gas clean-
          ing or similar technical applications in industrial
          dust collection systems.

                         *    *    *

It is our opinion that the phrase "which do not fall in any other
heading of section XI" in Chapter Note 7 mandates classification
of articles in heading 5911, and prohibits classification in any
other Section XI heading, if the article meets the requirements
of Chapter Note 7 and its accompanying Explanatory Notes.  The
filter cloth is covered by Note 7(a)(iii), and must be classified
as a straining cloth under heading 5911, HTSUSA.

HOLDING:

     As a result of the foregoing, the instant merchandise is
classified under subheading 5911.40.0000, as textile products and
articles, for technical uses, specified in note 7 to this chap-
ter, 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 per kilogram.

     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 your local
Customs office prior to importing the merchandise to determine
the current applicability of any import restraints or require-
ments.


                                   Sincerely,


                                   John Durant, Director
                                   Commercial Rulings Division