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NY I84349

August 19, 2002

CLA-2-59:RR:NC:TA:350 I84349


TARIFF NO.: 5911.90.0080

Mr. Jiro Takeuchi
Mitsui-Soko (U.S.A.) Incorporated, Inc.
2125 Center Avenue, Suite 202
Fort Lee, NJ 07024

RE: The tariff classification of filter membrane elements for water filtering machines, from Japan.

Dear Mr. Takeuchi:

In your letter dated July 10, 2002, you requested a tariff classification ruling. The manufacturer is Toray International.

You are a freight forwarding company writing on behalf of Toray Membrane, Boston, MA asking about the classification of Membrane Elements used in water filtering machines. You indicated that the company had been using HTS number 5911.40.00 (straining/filtering cloth) for entry and question if this is the correct classification. In a phone conversation it was established that there are presently no transactions pending before Customs, accordingly this letter addresses future transactions.

No actual samples were submitted, however, furnished literature mentions two product lines. The enclosed product data sheet and a page of a cut away diagram show the make up and how the elements function. These are spiral wound reverse osmosis elements used in water filtration. The filter material is concentrically wound around the permeate flow tube interlayered with mesh spacers and fitted into a pressure housing. The elements are ready to use cylinders either 4 or 8 inches in diameter (depending on the machine) and 40 inches in length.

One product is the SU-SERIES composed of a cross-linked polyamide composite on a nonwoven base. The thickness of these layers is given as 0.2 μm and 60 μm, respectively. The SC-SERIES is composed of an asymmetrical cellulose acetate membrane element on a nonwoven porous layer. The thickness of the layers is given as <1 μm and 50-150 μm, respectively. No information was furnished on how these layers interact and barring information to the contrary, we will consider both components to comprise the filter element with the textile providing an equally important function. We, therefore have a textile for technical use.

The subheading you referred to, 5911.40, is for filter material (straining cloth) in the piece (roll goods). Since the subject good is made up into a ready to use cylinder, subheading 5911.40 would not apply. These filter elements are considered textile articles for textile use.

The applicable subheading for the product will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles, for technical use. The rate of duty will be 4.5 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 646-733-3044.


Robert B. Swierupski

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