CLA-2-59:OT:RR:NC:TA:350
Ms. Lynette Russo
Marubeni America Corporation
375 Lexington Avenue
New York, NY 10017-5644
RE: The tariff classification of a cartridge filter, for use in various liquid filtering operations, from Japan.
Dear Ms. Russo:
In your letter dated August 10, 2012 you requested a tariff classification ruling.
The instant sample, identified as a Sekiso Cartridge Filter, consists of a cylindrically shaped filter that measures about 10 inches in length and 2¼ inches in diameter. It contains a hole in the middle that runs its entire length which measures about 1 inch in diameter. You state that the filter is constructed from two nonwoven fabric layers that are thermally bonded together. One is polyethylene and the other polypropylene man-made fibers. According to your correspondence, these filters have numerous applications such as in the filtration of various types of liquids such as paints, perfumes, cutting oils, various slurries, corn syrup and the like to name just a few.
You believe that the tariff classification of this item is proper in tariff subheading 8421.29.0065, HTS, which provides for “filtering or purifying machinery and apparatus for liquids, other, other”, however, this is not correct. Specifically, Section XVI, note 1(e) which governs the classification of products in Chapter 84 of the tariff, states that "this section does not cover transmission or conveyor belts of textile material (5910) or other articles of textile material for technical uses (heading 5911)." Therefore, your product is precluded from classification therein.
Accordingly, the applicable subheading for the filter will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for … textile products, and articles for technical use. The rate of duty will be 3.8 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,
Thomas J. Russo
Director
National Commodity Specialist Division