The tariff classification of disposable nonwoven inline milk filter socks and sleeves from New Zealand

N275855 June 16, 2016 CLA-2-59:OT:RR:NC:N3:350 CATEGORY: Classification TARIFF NO.: 5911.90.0080 Steven Augello, LCB John A. Steer Co. 28 S 2nd St. Philadelphia, PA 19106 RE: The tariff classification of disposable nonwoven inline milk filter socks and sleeves from New Zealand Dear Mr. Augello, In your letter dated May 12, 2016, you requested a tariff classification ruling on behalf of Conewango Products. Several representative samples accompanied your request. Conewango Milk Filter Socks and Sleeves are tubular articles made from nonwoven fabric. According to the information in your original and subsequent submissions and examination of the samples provided, these products are formed from 100% polyester staple fiber spunlace nonwoven fabric weighing 70 g/m2, which has been folded and bonded with a hot melt adhesive into a continuous tube and then cut to length. In the case of the socks, one end is stitched closed with thread. The product is used to filter raw milk in farm dairies during the milking of cows. It is a single-service filter element, designed to be fitted into an inline filter housing which is part of the milk line on the milking machine. The filters are available in sizes ranging from approximately 17” to 36” (43 to 91 cm) in length by 2” to 5” (5.5 to 12.5 cm) in width. In your letter you suggest classification under the duty-free provision for machinery, equipment and implements to be used for agricultural or horticultural purposes or as parts to be used in articles provided for in headings 8432, 8433, 8434, and 8436 […], under subheadings 9817.00.50 or .60, Harmonized Tariff Schedule of the United States (HTSUS), because the filters are intended to be used in milking machines. However, Note 2(e) to Section XXII, Subchapter XVII, Chapter 98, HTSUS, states: 2. The provisions of headings 9817.00.50 and 9817.00.60 do not apply to […] (e) articles of textile material; Since these milk filters are made from nonwoven fabric, a textile material, these milk filters are excluded from subheading 9817.00.50 and 9817.00.60. The applicable subheading for the Conewango Milk Filter Socks and Sleeves will be 5911.90.0080, HTSUS, which provides for textile products and articles, for technical uses, specified in note 7 to this chapter: other, other. The rate of duty will be 3.8 % 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 https://hts.usitc.gov/current. 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. 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 Maribeth Dunajski at maribeth.dunajski@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division