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NY 890023

September 22, 1993

CLA-2-59:S:N:N6:350 890023


TARIFF NO.: 5911.40.0000

Mr. Andre Lyons
UPS Customhouse Brokerage, Inc.
1930 Bishop Lane, Suite 200
Louisville, KY 40218

RE: The tariff classification of vacuum filter fabric, from France.

Dear Mr. Lyons:

In your letter dated August 27, 1993, on behalf of Decotex, Pawling, N.Y., you requested a tariff classification ruling.

Your letter states that there are no present or ongoing transactions with Customs involving these qualities or styles of material.

You furnished a specification list containing 18 different styles of materials and, in addition, submitted 8 labeled swatches of fabric; only one of which (35388AB-72) was listed on the specification sheet. Customs generally will rule on only five samples per request. However, since all of these fabrics have the same function and are used in conjunction with the same general type of filtration equipment, our reply will cover the classification of all the furnished styles. The basic difference between the various styles is the degree of permeability, with the attendant difference in fabric count, construction, yarn size and weight. We will list a representative few as indicative of the type and range of material imported.


3331OAB-72 15-30 NYLON 200X120 SATIN 78 3.30 35388AB-72 30-40 PEST 210X105 3X1 125 5.00 40319AB-79 40-60 NYLON 140X51 2X2 300 8.75 33376CAL-70 8-12 NYLON 216X98 2X1 78 2.90

The other styles are given as 3331OCAL-72, 3331OZ-72, 33346AB-72, 33346AB-68, 33346CAL-72, 33346Z-72, 35388CAL-72, 35341AB-72, 40319AB-64, 33357Z-77, 3339OCAL-72, 38316AB-54, 40355Z-56 and 3539391CAL-40.

Actual samples you provided that were not on the list submitted, are 33346ABD, 37385Z, 38316Z, 40319Z, 3331O ABD, 3331O and 19209-1.

The attached correspondence indicated that all of your listed materials are used in vacuum systems equipment in the filtration industry. It was suggested that this material should be classified under HTS subheading 5911.20.1000, however, this number is for fabrics principally used for stenciling purposes in screen-process printing, which is not what the subject material is used for.

Customs has been using a broad interpretation of the word straining to include all forms of filtration involving all types or forms of industrial, home or laboratory equipment. As you have indicated, the subject materials are all used in vacuum filtration systems.

The applicable subheading for all these materials will, therefore, be 5911.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles, for technical uses, ... straining cloth of a kind used in oil presses or the like. The rate of duty will be 17 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.


Jean F. Maguire
Area Director

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