CLA-2-59:OT:RR:NC:N3:350
Ms. Nicole Collier
Marisol International
9020 N. May Avenue, Suite 190
Oklahoma City, OK 73120
RE: The tariff classification of five woven filtering/dewatering belting fabrics from Germany
Dear Ms. Collier:
In your letter dated July 8, 2015, you requested a tariff classification ruling on behalf of your client, Clear Edge Filtration, Inc. Two samples of each of five belting fabrics were submitted. One sample of each style is being returned at your request; the other is being retained for file purposes.
The five samples are identified with the following style numbers: Style #6665, Style #M4-0040/HE4575, Style #HF7-7021, Style #HF7-7704 and Style #6107.
All five items are heavy, closely woven fabrics of polyester multi-filament and/or monofilament yarns. You indicate that the woven fabrics are intended to be made into dewatering belts for filtering, separation and drainage in industrial applications. You state that the goods will be imported as piece or roll goods which, after importation, will be cut to size and further fabricated by joining the ends as needed. Descriptive literature has been provided regarding the type of machine with which each style of belting may be used, but the specific use may vary.
Your client, Clear Edge Filtration, Inc., advises that, while they do import some finished belts, those are shipped directly to their customers and are not under consideration in this ruling request. This request applies only to rolls of fabric to be made into belts for use in filtering machinery. The purpose of the belting is for dewatering, i.e. solid/liquid separation.
We note that Chapter 59, note 6(a), Harmonized Tariff Schedule of the United States (HTSUS) excludes belting less than 3 mm in thickness from classification in heading 5910. All five products are stated to be less than 3 mm in thickness.
The following information has been provided about each style:
Style #6665 is a white fabric constructed using a 6x2 modified satin weave, measuring .063” (1.6 mm) in thickness, and weighing 30.5 oz. per square yard (1,034 grams per square meter). You state that it will be used in belt filter presses and gravity decks in municipal/industrial waste applications.
Style #M4-0040/HE4575 is a white fabric constructed using a 2x2 broken twill weave, measuring .051” (1.3 mm) in thickness, and weighing 33.3 oz. per square yard (1129 grams per square meter). You state that it will be used in flue gas desulphurization applications, trapping harmful SO2 gases from the emissions of coal-fired power stations with the wet limestone absorption process.
Style #HF7-7021 a white fabric constructed using a 1x1 plain weave, measuring .055” (1.4 mm) in thickness, and weighing 26.7 oz. per square yard (905 grams per square meter). You state that it will be used in Belt Linear Screen (traditionally known as Delkor Linear Screen) gravity deck applications, for the removal of trash material from slurries.
Style #HF7-7704 is a blue fabric constructed using a 3x2 herringbone twill weave, measuring .085” (2.2 mm) in thickness, and weighing 45.4 oz. per square yard (1539 grams per square meter). You state that it will be used in belt filter presses and gravity decks in municipal/ industrial waste applications.
Style #6107 is a white fabric constructed using a 2x2 twill weave, measuring .073” (1.8 mm) in thickness, and weighing 30.5 oz. per square yard (1034 grams per square meter). You state that it will be used in phosphoric acid applications, separating phosphoric acid from gypsum.
The applicable subheading for all five fabrics will be 5911.40.0000, HTSUS, which provides for textile products and articles, for technical uses, specified in note 7 to this chapter: straining cloth of a kind used in oil presses or the like, including that of human hair. The rate of duty will be 8% 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).
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
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 Maribeth Dunajski at maribeth.dunajski @ cbp.dhs.gov.
Sincerely,
Gwenn K. Kirschner
Director
National Commodity Specialist Division