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NY K87494

July 1, 2004
CLA-2-59:RR:NC:TA:350 K87494


TARIFF NO.: 5911.90.0080

Ms. Janis P. Rich
Hellmann Worldwide Logistics
35 Fadem Road
Springfield, NJ 07801

RE: The tariff classification of a battery separator panel, from Belgium.

Dear Ms. Rich:

In your letter dated June 27, 2004, on behalf of Enersys Inc., Reading, PA, you requested a tariff classification ruling. The supplier is Mecondor SA, Saint Vith, Belgium.

The instant sample, identified in your letter as product “Gauntlet”, consists of a battery separator panel that is used on the positive plates of tubular, lead-acid batteries. This panel, which measures about 6" x 5" rectangular, is constructed from two plys of polyester nonwoven fabric (not woven as stated in your correspondence) that have been stitched longitudinally to form 15 tubes or channels which will then be dipped into an acrylic resin and later heat set for to form more rigid channels. The channels, themselves, measure about 3/8" square. A cutting head at the end of the production line finally cuts the completed panels to the specified length before they are packaged for shipment to the United States.

After importation, the space inside each of the tubes, is to be filled with lead oxide powder. This filled panel will then become the positive plate of the respective battery.

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 uses. The rate of duty will be 3.8 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 Deborah Walsh at 646-733-3044.


Robert B. Swierupski

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