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

Mr. Gregory Paul
Filter Belts
12 Winada Drive
Winthrop, ME 04364

RE: The tariff classification of filtering material, to be made into press belts for various sludge dewatering applications, from the Czech Republic.

Dear Mr. Paul:

In your letter dated June 5, 2007, which was a follow-up to an earlier inquiry where we requested additional information, you requested a tariff classification ruling.

The merchandise in question, identified as styles GH 23 and GH 24, respectively, consists of woven textile fabrics composed of 100% monofilament polyester plastic yarns measuring less than 1 mm in width. These yarns are considered to be of textile for tariff purposes. These materials will be imported as roll goods ranging in width from 67- inches to 126-inches. After their importation into the United States, they will be cut and fitted with linking devices to form an endless or closed loop belt. These belts have application as press belts in wastewater treatment facilities. In your earlier letter, you suggested that classification in tariff subheading 5911.32.0010, HTS, is correct. This tariff subheading applies to press belts which are closed loop, endless or fitted with linking devices which, as such, would enable them to be fit for use in their imported condition. Your material is designed to be cut lengthwise and then fitted with linking devices after their importation into the United States. As such tariff subheading 5911.32.0010 is not applicable.

The applicable subheading for these materials will be 5911.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for straining cloth of a kind used in oil presses or the like. The rate of duty will be 8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division