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NY C89065


July 2, 1998

CLA-2-59:RR:NC:TA:350 C89065

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.90.8500; 5911.40.0000

Ms. Caryn Krassin

Fritz Companies, Inc.

215 Southport Drive, Suite 100

Morrisville, NC 27560

RE: The tariff classification of nonwoven filter elements, cardboard frames, and other components for the production of air filters, from Germany.

Dear Ms. Krassin:

In your letter dated April 10, 1998, on behalf of Aeolus Corporation, Pittsboro, NC, you requested a tariff classification ruling. The supplier is Irema Filter GMBH, Germany.

You submitted a photograph depicting how a completed air filter will look along with two swatches of the filtration media, itself. They are composed of nonwoven polypropylene man-made textile fibers. Your letter states that these finished filter assemblies will have a multitude of different sizes, but be in the range of 0.5 to 4.0 inches deep (thick), square or rectangular in shape, and not likely to exceed 96 inches in length or width.

We note per a recent telephone conversation, that the inquirer is only interested in the classifications for the filter elements, cardboard frames and glue adhesive for these air filter assemblies. The classification of any other components will be addressed under separate cover. These air filters are of a type that will be used in heating, ventilation and air conditioning units.

The first component, consists of the filter elements. These elements, will be imported as either pleated material, unmounted, or in rolls of unpleated material. Two different representative samples of the unpleated material were furnished.

You believe that the classifications of the filter material in roll form and pleated are 3920.20.00 and 3926.90.9880, respectively. Subheading 3920.20 covers the classification of plastic plates, sheets and film, and 3926.90 covers articles made from such material. This filter material is of man-made fibers or filaments made from polypropylene polymer; by its method of manufacture, the material is considered a textile product and not one of plastics. The Explanatory notes to Chapter 56 direct that nonwovens for technical use are classifiable in heading 5911. The classification of the filter elements is indicated below.

The second item, as depicted in the photograph, will consist of the die cut cardboard frame that will house the filtration media.

The third item, which is the glue adhesive, cannot be classified in this ruling without additional information. Specifically, we need to know the exact percentage composition by weight of each component in the glue. That would include the chemical abstracts, names and numbers. Additionally, we must know if such glue is put up for retail sale. A representative sample would be helpful.

The applicable subheading for the filter elements will 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 11 percent ad valorem.

The applicable subheading for the die cut cardboard frames will be 4823.90.8500, HTS, which provides for other paper, paperboard, ... cut to size or shape, ... The rate of duty is 3.2 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884.

Sincerely,


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