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NY 867060


October 18, 1991

CLA-2-59:S:N:N3H:350 867060

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.40.0000; 5911.90.0000

Mr. Gerry Bosshardt
Alfa-Laval Agri, Inc.
11100 N. Congress Avenue
Kansas City, MO 64153-1222

RE: The tariff classification of nonwoven filter material and sleeves made from such material, which will be used to filter milk, from Finland.

Dear Mr. Bosshardt:

In your letter dated September 13, 1991, you requested a tariff classification ruling.

Your letter requested tariff classification of nonwoven filter material and sleeves made from such material which are designed to be used in an in-line filtration system used to filter milk. Your request included two types of nonwoven textile fabric:

K486 80 Plain K555 78 Plain

Listed composition: PES-Fibers PES Fibers Cellulose Cotton
Linters
Acrylic binder Acrylic binder

While your letter only mentions cotton linters, we note that cotton linters are not normally used in their naturally occurring state, but are chemically converted to a cellulosic rayon (a man- made fiber). Both materials also contain polyester textile fibers. The PES designation above refers to polyester textile fibers.

However, with regard to nonwoven textile materials as well as fabrics of such construction which are for technical use, it is not a classification criteria whether or not the material contains cotton linters, per se, a vegetable fiber or such linters converted to a man-made rayon. Your letter indicates that the material itself, would be imported in approximately 4.75" to 10" widths and 3,000' to 4,000' lengths.

We agree with your suggested classification that both filter materials are classifiable under subheading 5911.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products for technical use, straining cloth of a kind used in oil presses and the like. The rate of duty will be 17 percent ad valorem. However, noting that the made up filter sleeves are textile, and, as such, are classified as articles for technical use; such products are excluded from classification under item 8434.90, HTS, by virtue of legal note 1(e) to Section XV1. Accordingly, the made up filter sleeves are classifiable under the provision for textile articles, for technical use, in item 5911.90.0000, HTS. The duty rate is 7.5 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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,

Jean F. Maguire
Area Director

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