CATEGORY: Classification s29

NY I81854

June 12, 2002

CLA-2-59:RR: NC:TA:350 I81854

CATEGORY: Classification

TARIFF NO.: 5911.90.0080

Ms. Hilda L. Fontecchio V. Alexander & Co., Inc, 3286 North Park Boulevard, Suite D Alcoa, TN 37701-3255

RE: The tariff classification of two types of air filters and one vacuum cleaner bag, from Taiwan.

Dear Ms. Fontecchio:

In your letter dated May 14, 2002, on behalf of Synfil Technologies of Knoxville, Tennessee, you requested a tariff classification ruling.

Three representative samples were submitted which were labeled as Articles #’s 1, 2 and 3.

The first article (1) referred to as “Synfil Activated Carbon Filter Wrap for Circular Air Filters”, is designed to be used as a carbon prefilter for circular air filters of the type primarily used in the home. The wrap is composed of a layer of granular chips of activated carbon sandwiched between two layers of nonwoven textile fabric. There is a cloth binder sewn around the edges and is secured around the filter by an adhesive strip. The essential character of the product is imparted by the carbon layer.

The second article (2) referred to as a “Synfil Synthetic HEPA Air Filter”, is specifically designed for use with air purifiers and vacuum cleaners. The instant sample, rectangular in shape, measures about 8 ¾ inches long x 4 ¼ inches wide x ¾ inch thick. In a subsequent e-mail message, you have clarified that the “synthetic” fibers that make up this filter are of polypropylene (in man-made textile form). Specifically, the filter is constructed from a larger rectangular piece of nonwoven material which has been folded in an accordingly like configuration and held in place with rows of a plastics type adhesive. One side is covered with a single layer of nonwoven material which is green in color. You indicate that these filters are available in many different sizes and can be custom made to meet various customer needs.

The third article (3) refereed to as “Synfil Micro & Allergen Filtration Vacuum Cleaner Bags”, when is use, are designed to combine maximum efficiency with lowest pressure drop. They appear to be made of layers or a sandwich of nonwoven construction and are designed to be used with Hoover upright vacuum cleaners. There is a typical plastic fitting near the top of the bag to facilitate its placement on to open hole on the stem of the vacuum cleaner, itself, through which the collected dust and debris will pass. The bag itself, in lay flat configuration (rectangular) measures about 20 inches x 6 inches.

The applicable subheading for article #1 will be 8421.39.8015, Harmonized Tariff Schedule of the United States (HTS), which provides for filtering or purifying machinery and apparatus for gases: other: other. The rate of duty will be free. 2

The applicable subheading for articles 2 and 3 will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles, for technical uses. The rate of duty will be 4.5 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 questions regarding the ruling, contact National Import Specialist George Barth at 646-733-3044.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division