HQ 086437: Classification of a filter bag and a needleloom felt

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 086437

                                    April 25, 1990

            CLA-2 CO:R:C:G 086437 jlj

            CATEGORY:  Classification

            TARIFF NO.:  5911.90.0000


            Ms. Therese E. Ignich
            John V. Carr & Son Inc.
            P.O. Box 33479
            Detroit, Michigan 48232-5479

            RE:  Classification of a filter bag and a needleloom felt

            Dear Ms. Ignich:

                 In your letter dated December 21, 1989, you asked for
            tariff classifications under the Harmonized Tariff Schedule of
            the United States Annotated (HTSUSA) for two products to be
            imported from Canada by your client, GAF (Canada) Inc.  You
            submitted descriptive literature covering these articles, a
            filter bag and a needleloom felt, as well as samples of both
            products.

            FACTS:

                 You state that the filter bag is used to remove
            impurities from any liquid (e.g., oil, gas and paint).  The
            filter bag fits into a restrainer basket in a filter vessel
            system.  The sample, a "Calibrated Filter Bag," consists of a
            4-3/8 inch diameter metal ring to which is sewn a white fabric
            bag approximately 15 inches in length.  The textile fabric
            appears to be made of woven synthetic fibers.  You state that
            this article has been imported into Canada as filtering
            machinery and apparatus under subheading 8421.99, HTSUSA, but
            that you believe that it should be classified under subheading
            5911.90, HTSUSA, as a textile article for technical uses.

                 The second sample is needleloom felt which appears to be
            of nonwoven man-made fiber construction.  It is said to be
            used to make some of the filter bags.  You state that this
            needleloom fabric has been imported into Canada  under
            subheading 5602.10.90, HTSUSA, the provision for needleloom
            felt and stitch-bonded fiber fabrics.  You agree with this
            classification.















                                         - 2 -


            ISSUE:

                 What are the HTSUSA classifications of these two
            products?

            LAW AND ANALYSIS:


                 In Customs Headquarters Ruling Letter (HRL) 084821 dated
            June 21, 1989, a needleloom fabric used as filter material on
            a machine was classified under the provision for straining
            cloth of a kind used in oil presses or the like in subheading
            5911.40.0000, HTSUSA. The merchandise at issue is essentially
            the same construction as the material in HRL 084821.

                 With regard to your comments concerning the
            classification of the filter bag in Heading 8421 as parts of
            filtering machinery and apparatus, Section XVI Note 1, reads
            as follows:

                      1. This section does not cover:

                         *      *      *      *    *

                         (e) Transmission or conveyor belts
                             of textile material (heading 5910)
                             or other articles of textile material
                             for technical uses (heading 5911)....

            Inasmuch as Heading 8421 falls within Section XVI of the
            HTSUSA, the filter bag cannot  properly be classified in that
            heading because it is a textile article designed 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....

                 Note 7 to Chapter 59, HTSUSA, provides:

                      Heading 5911 applies to the following goods...:

                      (b) Textile articles... of a kind used for
                          technical purposes.











                                         - 3 -


                 The Explanatory Notes constitute the official
            interpretation of the Harmonized System at the international
            level.  The Explanatory Notes to Heading 5911, HTSUSA, state
            that Heading 5911 includes all textile articles of a kind used
            for technical purposes, including any of certain specified
            fabrics which have been made up into articles.  Inasmuch as
            needled filter fabrics of a kind used for filtering purposes
            are specified earlier in the Notes as a textile fabric for
            technical uses, the instant filter bag qualifies for
            classification under Heading 5911, HTSUSA.

            HOLDING:

                 The filter bag is classified in subheading 5911.90.0000,
            HTSUSA, dutiable at the rate of 7.5 percent ad valorem.

                 The needleloom felt is classified in subheading
            5911.40.0000, HTSUSA, as straining cloth of a kind used in oil
            presses or the like, dutiable at the rate of 17 percent ad
            valorem.  Articles which meet the definition of "goods
            originating in the territory of Canada" (see General Note
            3(c)(vii)(B), HTSUSA) are subject to reduced rates of duty
            under the United States-Canada Free Trade Agreement
            Implementation Act of 1988.  If the merchandise constitutes
            "goods originating in the territory of Canada," the applicable
            rates of duty for the filter bag and the needleloom felt are 6
            percent and 13.6 percent ad valorem respectively.

                 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 requirements.

                                        Sincerely,




                                        Jerry Laderberg
                                        Acting Director
                                        Commercial Rulings Division


















            JLJOHNSON:lw 4/20/90