The tariff classification of nonwoven filtration media, from Korea.

N197377 January 13, 2012 CLA-2-56:OT:RR:NC:TA:350 CATEGORY: Classification TARIFF NO.: 5603.13.0090 Karla Harrison Tri-Dim Filter Corporation 93 Industrial Drive Louisa, VA 23093 RE: The tariff classification of nonwoven filtration media, from Korea. Dear Karla Harrison: In your letter dated December 12, 2011, you requested a tariff classification ruling. You submitted two representative samples of nonwoven filtration media, designated as synthetic media rolls (unpleated) and media packs (pleated). Both of these samples are stated to be cut from larger pieces. Your correspondence indicates that these two materials are of a thermal bonded nonwoven construction (filament) and will be imported as roll goods. Your literature indicates that these materials weigh in the range of 85 g/m² to 125 g/m². These two materials are designed to filter dirt and dust particles in various HVAC applications, however, after importation additional processing or manufacturing is necessary before this is possible. You supplied various pictures and photographs that depict such finished products. You suggest that classification may be possible in tariff subheading 8421.39.8015, HTS, which provides for filtering or purifying machinery and apparatus, for liquids or gases. This tariff classification, however, would not be applicable following Section XVI, Note (e) which governs the tariff classification of products that fall in Chapter 84. It reads as follows: “This section does not cover transmission or conveyor belts of textile material (heading 5910) or other articles of textile material for technical uses (heading 5911).” As your materials are of a textile construction and have technical applications, classification is precluded from Chapter 84. Accordingly, the applicable subheading for the synthetic media rolls, in its imported unpleated condition, will be 5603.13.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 70 g/m² but not more than 150 g/m². The duty rate will be Free. 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/. Your inquiry does not provide enough information for us to give a classification ruling on the sample of the media pack material. Your request for a classification ruling should include the following information: For the pleated media packs please provide a complete description of how the pleating is accomplished. For example, are the narrow lines of plastic material applied to the flat nonwoven fabric (such as the media roll) and then the fabric is folded to achieve the pleated effect? Are they folded/pleated while the plastic is still unset, which creates the melding of the plastic along the line and creates an additional support for the pleat? Please describe all further processing done to these media packs, after importation into the U.S., to make them into the various HVAC filters pictured in the brochures provided. Do these media packs have multiple uses or are they ready for use in the finished filter after merely cutting to length and insertion into a frame/holder? In reviewing the brochure for the “Ultra XP” filter, it appears there are similar narrow lines of plastic material along the flat (unpleated) filter media. Is this product similar in construction to the media pack material submitted with this binding ruling, except that it is not folded/pleated? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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