The tariff classification of a stainless steel nonwoven porous web structure from Belgium or China

N167118 June 14, 2011 CLA-2-73:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7326.90.8588 Ms. Marilyn Viruet Bekaert Corporation 1395 South Marietta Parkway Building 500, Suite 100 Marietta, GA 30067-4440 RE: The tariff classification of a stainless steel nonwoven porous web structure from Belgium or China Dear Ms. Viruet: In your letter dated May 4, 2011, you requested a tariff classification ruling. A sample, a drawing and descriptive literature for the subject product was submitted for our review. The merchandise is identified in your letter as the Bekaert Bekipor® WB nonwoven porous web structure. You stated in your letter that the “Bekipor® WB is a composition of metal fibres, uniformly laid, to form a 3-dimensional nonwoven porous web structure used for filtration of liquid, air, and gases. Bekipor® WB is put into a filter element (also called candle), the primary function of which is filtering particles from gases or liquids. In the filtering process liquids and gases pass from the outside of the candle to the inside, through the Bekipor® media, typically removing particles… The products are available in large sizes and in continuous rolls. Standard dimensions for the panels are 1180 x 1500 mm and for rolls 400 mm wide.” You indicated in your email sent to our office on May 31, 2011, that the merchandise in question is imported in rolls and panels, and is not cut to size by the importer of record. You suggested classification for the stainless steel nonwoven porous web structure under consideration in heading 8421, Harmonized Tariff Schedule of the United States (HTSUS). The office of the National Import Specialist that handles heading 8421, HTSUS, has stated that “As per the email sent by Ms. Viruet, the merchandise in question is imported in rolls and panels. This merchandise is not cut to size for a machine to filter. This merchandise is not classifiable in heading 8421, HTSUS, since it is not cut to shape for filtering machinery.” Therefore, the stainless steel nonwoven porous web structure is classified in heading 7326, HTSUS, which provides for other articles of iron or steel. The applicable subheading for the stainless steel nonwoven porous web structure will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other…other. The rate of duty will be 2.9 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 further questions regarding heading 8421, HTSUS, please contact National Import Specialist Denise Faingar at 646-733-3015. If you have any further questions regarding heading 7326, HTSUS, please contact National Import Specialist Ann Taub at 646-733-3018. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division