HQ 089198: Filtration cartridge for liquid magnetic dispersion of video tape coating, of textiles, plastics, and glass, is a part of filtering machinery, not a textile article for technical uses.

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 089198

                          October 30, 1991

   CLA-2 CO:R:C:T  089198  HP

   CATEGORY:  Classification

   TARIFF NO.:  8421.99.0080

   Mr. Thomas C. Lloyd
   Customs Administrator
   3M
   Customs/Import 3M Transportation Dept.
   3M Center
   P.O. Box 33250
   St. Paul, MN 55133

   RE:  Filtration cartridge for liquid magnetic dispersion of
   video tape coating, of textiles, plastics, and glass, is a
   part of filtering machinery, not a textile article for
   technical uses.

   Dear Mr. Lloyd:

        This is in reply to your letter of March 8, 1991, to our
   New York office.  That letter concerned the tariff
   classification, under the Harmonized Tariff Schedule of the
   United States Annotated (HTSUSA), of filter cartridges,
   produced in Japan.

   FACTS:

        The merchandise at issue consists of an "HT Filter
   Cartridge."  The cartridge comes in both 10" and 30" lengths,
   are cylindrical in shape, and are available in several micron
   ratings.  The filter cartridge is constructed, from outside
   in, of an outer tube of polyethylene (plastics), pre-filter
   media of polypropylene (textiles), filter media of
   polypropylene (textiles), filter media of fiberglass (glass),
   inner tube of polypropylene (plastics), and a support mesh of
   polypropylene.  A foamed gasket of polyethylene (plastics) is
   placed on both ends of the cartridge.

        The filters are used in the manufacturing (coating)
   process of video tape.  They filter liquid magnetic
   dispersion.  The filter cartridge fits inside a filter
   housing.  You have suggested that the filter cartridge should
   be classified under subheading 5911.90.0000, HTSUSA, as a
   textile article for technical uses.

   ISSUE:

        Whether the filter cartridge is correctly classified as a
   part of filtering machinery or as a textile article for
   technical uses?

   LAW AND ANALYSIS:

        Heading 8421, HTSUSA, provides for, inter alia, filtering
   or purifying machinery and apparatus, for liquids or gases,
   and parts thereof.  The Explanatory Notes (EN) to the HTSUSA

   constitute the official interpretation of the tariff at the
   international level.  While not legally binding, they do
   represent the considered views of classification experts of
   the Harmonized System Committee.  It has therefore been the
   practice of the Customs Service to follow, whenever possible,
   the terms of the Explanatory Notes when interpreting the
   HTSUSA.  The EN to this heading states that

             the heading covers filters and purifiers
             of all types (physical or mechanical,
             chemical, magnetic, electro-magnetic,
             electrostatic, etc.).

                               * * *

                               PARTS

                  Subject to the general provisions
             regarding parts (see the General
             Explanatory Note to Section XVI), the
             heading covers parts for the above-
             mentioned types of filters and purifiers.

        The filter cartridge is apparently classifiable in
   heading 8421, HTSUSA.  Note 1(e) to Section XVI, HTSUSA,
   however, excludes from classification therein "articles of
   textile materials for technical uses (heading 5911)."

        Heading 5911, HTSUSA, provides for articles of textile
   materials for technical uses.

                  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 heading includes, in particular,
             those textile articles which are excluded
             from other headings and directed to
             heading 59.11 by any specific provision of
             the Nomenclature (for example Note 1(e) to
             Section XVI)....

                               * * *

                  The textile articles of this heading
             may incorporate accessories in other
             material provided the articles remain
             essentially articles of textile.

   Continuing the rationale of the closing sentence, if the
   nontextile portions of the filter cartridge cause the
   cartridge to no longer essentially remain a textile article,
   the Note 1(e) exclusion from Section XVI, HTSUSA, would not
   apply.

        The textile portions of the filter cartridge comprise the
   "pre-filter media" and the "filter media."  The fiberglass
   portion comprises the "main filter media."  The drawing
   accompanying your submission notes that the single fiberglass

   filter media is layered between the textile pre-filter and
   filter media.  "But there are other types [of filter
   cartridges] which two or three fiber glasses are layered.
   That is due to the micron grade."

        It is clear from examination of the sample and
   accompanying literature, and consultations with our Office of
   Laboratories & Scientific Services, that the fiberglass filter
   media serves a function at least as important as the textile
   filter media.  Both impart critical filtering properties at
   the various stages of the liquid magnetic dispersion process.
   It is our opinion, therefore, that the filter cartridge is not
   essentially an article of textile, Note 1(e) to Section XVI,
   HTSUSA, does not apply.

        As we stated above, heading 8421, HTSUSA, provides for,
   inter alia, parts of filtering machinery.  Note 1(c) to
   Chapter 84, HTSUSA, excludes from Chapter 84, inter alia,
   machinery, appliances or other articles for technical uses or
   parts thereof, of glass.  Therefore, if the filter cartridge
   is considered an "article of glass," it is not classifiable in
   heading 8421, HTSUSA.

        The EN to Chapter 84, HTSUSA, enlightens us as to the
   intended application of Note 1(c) to Chapter 84, by stating:

                  Since ... machinery and appliances
             and parts thereof, of glass (heading 70.19
             or 70.20) are excluded from this Chapter,
             it follows that even if a machine or
             mechanical appliance is covered, because
             of its description or nature, by a heading
             in this Chapter it is not to be classified
             therein if it has the character of an
             article of ... glass.

                  This applies, for example, to
             machines, mechanical appliances or
             apparatus of ... glass, incorporating
             components of minor importance of other
             materials, such as stoppers, joints, taps,
             etc., clamping or tightening bands or
             collars or other fixing or supporting
             devices (stands, tripods, etc.).

                  On the other hand, the following are,
             as a rule, to be taken to have lost the
             character of ... machinery or appliances
             and parts thereof, of ... glass:

             (i)  Combinations of ... glass components
                  with a high proportion of other
                  materials (e.g., of metal); also
                  articles consisting of a high
                  proportion of ... glass components
                  incorporated or permanently mounted
                  in frames, cases or the like, of
                  other materials.

        Following this explanation, the filter cartridge clearly
   has lost the character of an article of glass.  Not only is
   the cartridge a combination of glass with a high proportion of

   other materials (textiles and plastics), the fiberglass filter
   media is incorporated within the hard plastic out tube and
   foamed gaskets.  The exclusion described by Note 1(c) to
   Chapter 84, HTSUSA, is therefore not applicable, and the
   merchandise is correctly classifiable in heading 8421.

   HOLDING:

        As a result of the foregoing, the instant merchandise is
   classified under subheading 8421.99.0080, HTSUSA, as
   centrifuges, including centrifugal dryers; filtering or
   purifying machinery and apparatus, for liquids or gases; parts
   thereof, parts, other, other.  The applicable rate of duty is
   3.9 percent ad valorem.

        A copy of this ruling letter should be attached to the
   entry documents filed at the time this merchandise is
   imported.  If the documents have been filed without a copy,
   this ruling should be brought to the attention of the Customs
   officer handling the transaction.


                             Sincerely,




                       John Durant, Director
                    Commercial Rulings Division