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NY E89071





November 19, 1999

CLA-2-63:RR:NC:TA:352 E89071

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Darrell R. Norman
Daro Customs Service
9911 Inglewood Avenue
Suite 106
Inglewood, CA 90301

RE: The tariff classifications of paint strainers and a strainer bag from China.

Dear Mr. Norman:

In your letter dated October 19, 1999, on behalf of Textus USA, Inc., you requested a tariff classification ruling.

The samples submitted are two U-shaped paint strainers and a strainer bag. The two U-shaped paint strainers are made of two 100 percent nylon warp knit fabric panels. The panels are sewn closed along the sides and bottom and have an opening at the top. One paint strainer measures approximately 20-1/2 inches long by 20 inches wide and the other measures approximately 15 inches long by 13 inches wide.

The strainer bag, approximately five inches wide by nine inches long, is made up from a warp knit fabric of fine nylon man-made fiber yarns. The bag is sewn along the bottom and up one side, with a cotton drawstring closure laced through a hem at the top. The bag simply ties over the intake pipe or valve of a pressure pump for a spraying unit. No literature or brochure was furnished showing the bag in place.

This warp knit fabric is such that its use as straining cloth cannot be fixed with certainty. Further, it does not become an integral part of the pump, but is merely attached to it by means of the drawstring. This bag is not absolutely necessary to the function of the pump. Therefore, this bag is not considered classifiable as a textile article for technical use, under heading 5911, as you suggest.

The applicable subheading for the paint strainers and the strainer bag will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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