HQ 963619

July 12, 2002

CLA-2 RR:CR:TE 963619 mbg

CATEGORY: Classification

TARIFF NO.: 5911.31; 5911.32; 5911.40.0000; 5911.90.0080

Mr. Chris Perry, Port Director

Port of Champlain

U.S. Customs Service

198 West Service Road

Champlain, NY 12919

RE: Decision on Application for Further Review of Protest No.

0712-99-100169; classification of textile materials for technical use

Dear Port Director:

This is a decision on an application for further review of a protest
timely filed by Scapa Filtration Americas. Attorney Gerald B. Horn of
Soller, Shayne & Horn of New York, NY filed Customs Form 19 ("PROTEST"),
dated July 20, 1999, against your decision regarding the classification
under the Harmonized Tariff Schedule of the United States Annotated
("HTSUSA") for a textile material for technical use.

FACTS:

The lead protest number for the subject merchandise is 0712-99-100169
which was filed in the Port of Champlain on July 21, 1999.

Protestant has submitted two samples to Customs for review. The first is
a standard woven fabric of textiles monofilaments and the second is a
textile material made of spiral monofilaments. These monofilaments do
not spiral in a concentric circle but are flattened making the cross
section elevation rectangular in shape. When these spirals are
intermeshed and held together with a pin (a long straight monofilament)
the resulting "material" presents a rigid and relatively flat surface.

The Protestant disagrees with Customs classification of the subject
merchandise in heading 5911, HTSUS, in the provision for textile
articles for technical use. It is the Protestant's opinion that the
correct classification for the subject merchandise is parts of filtering
machinery under heading 8421, HTSUS, or in the alternative, as
transmission or conveyor belts or belting under heading 5910, HTSUS.

Protestant asserts that the subject merchandise is commercially known as
a "Filterlink". The Filterlink is constructed of textile fabric and is
manufactured through a process of linking mono-filament yarns. It
consists of alternate left and right hand spirals, joined by larger
diameter cross machine mono-filaments. The Filterlink is primarily used
for waste treatment in the pulp and paper sewage industries, where it is
manufactured to specifications of belt presses and acts as a filter
separating sludge. It is imported into the United States from Sweden in
rolls and is later formed to size by removal of the linking pin.
Protestant has also claimed that the Filterlink is also used in
industrial applications in food and allied industries during cleansing
operations where products are transported on a conveyor and liquids are
dispersed and filtered through the Filterlink belt; however, no
information regarding this use has been submitted to Customs for this
protest.

Protestant claims that the Filterlink serves a dual purpose, one of
filtration and another of forming the belting that moves the sludge
material along once it is fastened and installed in appropriate
machinery. The Filterlink moves the sludge along as it filters the
liquid. As the products are transported along the conveyor, the liquids
are filtered through the Filterlink. Protestant further claims that the
Filterlink is specifically designed to serve its filter requirement but
its capacity to convey the sludge is of equal importance and is
contemplated in its design.

ISSUE:

What is the proper classification for the subject merchandise under the
HTSUSA?

LAW AND ANALYSIS:

**[I. Application of the General Rules of Interpretation.]{.underline}**

Classification of goods under the HTSUSA is made in accordance with the
General Rules of Interpretation (GRI). GRI 1 provides, in part, that
classification decisions are to be "determined according to the terms of
the headings and any relative section or chapter notes." In the event
that goods cannot be classified solely on the basis of GRI 1, and if the
headings and legal notes do not otherwise require, the remaining GRI may
then be applied.

GRI 2(b) states that goods consisting of more than one material are to
be classified according to GRI 3. Furthermore, GRI 2(b) states that any
reference in a heading to a material or substance shall be taken to
include a reference to mixtures or combinations of that material or
substance with other materials or substances. Any reference to goods of
a given material or substance shall be taken to include a reference to
goods consisting wholly or partly of such materials or substance. The
classification of goods consisting of more than one material or
substance shall be according to the principles of GRI 3.

GRI 3 provides, in pertinent part:

> When by application of Rule 2(b) or for any other reason, goods are,
> *prima facie*, classifiable under two or more headings, classification
> shall be effected as follows:
>
> \(a\) The heading which provides the most specific description shall
> be preferred to headings providing a more general description.
> However, when two or more headings each refer to part only of the
> materials or substances contained in mixed or composite goods or to
> part only of the items put up for retail sale, those headings are to
> be regarded as equally specific in relation to those goods, even if
> one of them gives a more complete or precise description of the goods.
>
> \(b\) Mixtures, composite goods consisting of different materials or
> made up of different components, and goods put up in sets for retail
> sale, which cannot be classified by reference to 3(a), shall be
> *classified as if they consisted of the material or component which
> gives them their essential character*, insofar as this criterion is
> applicable.
>
> \(c\) When goods cannot be classified by reference to 3(a) or 3(b),
> they shall be classified under the heading which occurs last in
> numerical order among those which equally merit consideration.

(emphasis added).

The Harmonized Commodity Description and Coding System, Explanatory
Notes (EN), represent the official interpretation of the Harmonized
System at the international level (for the 4 digit headings and the 6
digit subheadings) and facilitate classification under the HTSUSA by
offering guidance in understanding the scope of the headings and GRI.
The EN, although not dispositive or legally binding, provide a
commentary on the scope of each heading of the HTSUS, and are generally
indicative of the proper interpretation of these headings.
[See]{.underline} T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23,
1989).

There is no dispute that the subject merchandise is used for filtering
in paper sludge dewatering machines. The Protestant asserts that the
subject merchandise is properly classified in heading 8421, HTSUS, as
parts of filtering machinery, or in the alternative in heading 5910,
HTSUS, as transmission or conveyer belts or belting. The legal brief
submitted with the protest alleges that such classification is proper
based on analysis under GRI 3 in which the Protestant claims that the
filtering and conveying functions require application of this rule.

Protestant alleges in the attachment to the initial protest that
classification of the subject merchandise is proper based upon GRI 3(c).
Protestant states that because "the subject merchandise is [prima
facie]{.underline} classifiable under two or more headings because it is
both a filter and conveyor belting." Protestant alleges that "the most
specific description would be 'filter belting' since the subject
merchandise is made for use with specific machinery and comprises the
material for the conveyor belt." Protestant further alleges that GRI
3(b) is inapplicable to the subject merchandise since both the
filtration and the conveyance of sludge along the conveyer are equally
essential to the product. Therefore, neither characteristic is the
'essential character' of the product, but rather both are central to its
use as the ultimate part of filtering machinery. So therefore, according
to Protestant, GRI 3(c) is applicable for classification of the
Filterlink in heading 8421, HTSUSA, since that heading occurs last in
numerical order among those headings which equally merit consideration.

Furthermore, in a subsequent submission to National Import Specialist
George Barth, dated April 26, 2000, Protestant argues that if the
subject merchandise is imported in rolls then classification is proper
in heading 5911, HTSUSA, based on GRI 2(a) which allows for the
classification of an unfinished article in the same heading of the
finished article provided that the unfinished article has the essential
character of the finished article. Protestant alleges that this GRI rule
is applicable since the Filterlink materials are lacking any sort of
linking device at the time of entry. This linking device is subsequently
added for the subject merchandise to properly function in the filtering
and conveying.

Although the Filterlink performs two different functions, both filtering
and conveying, Customs disagrees with Protestant's stated proposition
requiring the use of either GRI 2 or GRI 3 and believes that
classification of the subject merchandise is proper according to GRI 1
based on the specific provisions and notes of the Harmonized Tariff
Schedule of the United States Annotated. The unfinished Filterlink can
not be used in the same manner as the finished merchandise and therefore
can not have the same essential character. The unfinished Filterlink
lacks any sort of linking device to allow for the conveying function and
also is not cut to size to properly function as a filtering device and
therefore, GRI 2(a) would be inappropriate. Furthermore, GRI 3 is not
appropriate in Customs opinion because the merchandise can be properly
classified under the HTSUSA without having to do an essential character
determination.

**[II. HTSUSA Classification.]{.underline}**

Determination of the HTSUSA classification of the subject merchandise
requires an understanding of terminology which is germane to the issue
and utilized by the HTSUSA. It is a well established tenet of customs
law that tariff terms are construed in accordance with their common and
commercial meanings and that the common meaning of a tariff term is a
question of law. [Toyota Motor Sales, U.S.A., Inc. v. United
States]{.underline}, 7 Ct. Int'l Trade 178, 182, 585 F.Supp 649 (1984),
aff'd 753 F.2d 1061 (Fed.Cir. 1985). Essential to the determination of
this classification issue is an understanding of the terms "belts" and
"belting" which are commonly used in the HTSUSA and the paper
manufacturing industry. After an extensive search for definitions of
these terms, Customs has found that the terms are commonly understood in
the industry and therefore are not defined in sources produced by the
industry on paper manufacturing processes. We have utilized the
expertise of our subject matter National Import Specialist whose
extensive research and analysis of the industry has yielded a
multifaceted understanding of these terms as such:

> [Belt]{.underline} -- can be constructed of any material or
> combinations of materials to a predetermined length. It may be formed
> by a closed loop (*i.e.*, a continuous length with no end) or may be
> formed by stitching or seaming the ends. Alternatively, the
> predetermined length may be fitted with linking devices that when
> joined will effectively form a "closed loop."
>
> [Belting]{.underline} -- can be constructed of any type of material or
> combination of materials which is in the piece (*i.e.,* long lengths)
> that will be further processed or manufactured by cutting to a
> specific length or slitting to a specific width. The ends of the
> material are then joined to form a "belt" of a desired dimension for a
> specific machine application.

Protestant raises three competing headings under the HTSUSA which must
be considered for classification of the merchandise under consideration:
heading 8421 specifically provides for "Centrifuges, including
centrifugal dryers; filtering or purifying machinery and apparatus for
liquids or gases; parts thereof "; heading 5910 specifically provides
for "Transmission or conveyor belts or belting, of textile material,
whether or not impregnated, coated, covered or laminated with plastics,
or reinforced with metal or other material"; and heading 5911
specifically provides for "Textile products and articles, for technical
uses." Customs will address each of Protestant's claims herein.

Heading 8421, HTSUSA, provides for "Centrifuges, including centrifugal
dryers; filtering or purifying machinery and apparatus, for liquids or
gases; parts thererof." Section XVI, Note 1(e) provides: "This section
does not cover transmission or conveyer belts or belting of textile
material (heading 5910) or other articles of textile material for
technical uses (heading 5911)."

The ENs for heading 8421 further state, in pertinent part, the
following:

PARTS

> Subject to the general provisions regarding the classification of
> parts (see the General Explanatory Note to Section XVI), the heading
> covers parts for the above-mentioned types of filters and purifiers. .
> . .
>
> It should be noted, however, that filter blocks of paper pulp fall in
> heading 48.12 and that many other filtering elements (ceramics,
> *textiles,* felts, etc.) *are classified according to their
> constituent material*. (emphasis added).

In addition, the ENs state:

> This section does not, however, cover . . . Textiles articles, e.g.
> transmission or conveyer belts (heading 5910), felt pads and polishing
> discs (heading 5911).

Furthermore, Additional U.S. Note of Interpretation 1(c), provides:

> In the absence of special language or context which otherwise requires
> a provision for parts of an article covers products solely or
> principally used as a part of such articles but a provision for
> "parts" or "parts and accessories" shall not prevail over a specific
> provision for such part or accessory."

Customs disagrees with Protestants' assertion that the subject materials
should be classified as a part of a filtering machine in heading 8421,
HTSUSA. Customs notes that the parts provision of heading 8421, HTSUSA,
is less specific than the heading for textile materials for technical
purposes (discussed infra). Furthermore, Customs notes that the subject
merchandise is imported separately from the filtering machinery. Even if
considered a "part" of the filtering machinery, the subject merchandise
is excluded from this heading due to the textile composition from which
it is constructed since the EN to heading 8421 identifies that textile
filtering elements are classified according to their constituent
material. The ENs further state that heading 8421 excludes textile
articles such as those classifiable in heading 5910 or 5911. Therefore,
the merchandise is excluded from heading 8421, HTSUSA.

Heading 5910, HTSUSA, provides for "Transmission or conveyer belts or
belting, of textile material, whether or not impregnated, coated,
covered or laminated with plastics, or reinforced with metal or other
material.\"

The ENs to heading 5910, HTSUSA, state, in pertinent part, the
following:

> Transmission or conveyor belts (i.e., lengths of belting cut to size
> and either with the ends joined together or furnished with fastenings
> for joining them together) are classified here irrespective of the
> thickness of the material.

\* \* \*

> This heading also excludes transmission or conveyer belts or belting,
> presented with the machines or apparatus for which they are designed,
> whether or not actually mounted (classified with that machine or
> apparatus).

In essence the belts *eo nomine* provided for in heading 5910, HTSUSA,
provide one of two functions- either transferring power *i.e.*, motion
from one shaft to another or the conveyance of goods *i.e.,* moving
goods from one place to another. Whereas, the belts of heading 5911,
HTSUSA, serve the prime purpose or function of aiding in some form of
further manufacturing, processing or formation. Based on the information
presented, it is Customs determination that the primary purpose of the
subject merchandise is filtration and a secondary function is removing
the filtrate. Therefore, heading 5910, HTSUSA, is eliminated from
consideration of the proper classification of the subject merchandise.

Heading 5911, HTSUSA, provides for textile products and articles for
technical uses so long as they are specified in Note 7 to Chapter 59,
HTSUSA. Note 7 to Chapter 59 reads:

> Heading 5911 applies to the following goods, which do not fall in any
> other heading of section XI:
>
> \(a\) Textile products in the piece, cut to length or simply cut to
> rectangular (including square) shape (other than those having the
> character of the products of headings 5908 to 5910), the following
> only:
>
> \(i\) Textile fabrics, felt and felt-lined woven fabrics, coated,
> covered or laminated with rubber, leather or other material, of a kind
> used for card clothing, and similar fabrics of a kind used for other
> technical purposes, including narrow fabrics made of velvet
> impregnated with rubber, for covering weaving spindles (weaving
> beams);
>
> \(ii\) Bolting cloth;
>
> \(iii\) Straining cloth of a kind used in oil presses or the like, of
> textile material or human hair;
>
> \(iv\) Flat woven textile fabrics with multiple warp or weft, whether
> or not felted, impregnated or coated, of a kind used in machinery or
> for other technical purposes;
>
> \(v\) Textile fabric reinforced with metal, of a kind used for
> technical purposes;
>
> \(vi\) Cords, braids and the like, whether or not coated, impregnated
> or reinforced with metal, of a kind used in industry as packing or
> lubricating materials;
>
> \(b\) Textile articles (other than those of headings 5908 to 5910) of
> a kind used for technical purposes (for example, textile fabrics and
> felts, endless or fitted with linking devices, of a kind used in
> papermaking or similar machines (for example, for pulp or
> asbestos-cement), gaskets, washers, polishing discs and other
> machinery parts).

Although the term "for technical uses" is not defined in the section or
chapter notes, the ENs to heading 5911, HTSUSA, state that "textile
products and articles of this heading present particular characteristics
which identify them as being for use in various types of machinery,
apparatus, equipment or instruments or as tools or parts of tools."

Furthermore, Section B to the EN for heading 5911, HTSUSA, specifically
addresses textile articles of a kind used for technical purposes. The EN
state in pertinent part:

> All textile articles of a kind used for technical purposes (**other
> than** those of **headings 59.08 to 59.10**) are classified in this
> heading and **not** elsewhere in Section XI (see Note 7(b) to the
> Chapter)\[.\]

The EN further state that "the textile articles of this heading may
incorporate accessories in other material **provided** the articles
remain essentially articles of textile."

Protestant provides that the subject merchandise is constructed of a
textile material and is used for a technical purpose in the paper
manufacturing process. Customs finds that the subject merchandise is
more properly classified in heading 5911, HTSUSA, based on the textile
construction and the technical use of the merchandise as described in
the ENs.

Customs has previously classified sludge filtering belts similar to the
subject merchandise in Headquarters Ruling Letter 950284, dated March
19, 1992. In HQ 950284 Customs stated "there is no doubt that Note 7 to
Chapter 59 provides for sludge filtering belts of textile material

designed for technical purposes." (See also *e.g.* NY H82373, dated July
13, 2001; NY H86048, dated December 20, 2001; NY F85976, dated May 17,
2000; and NY 814191, dated September 28, 1995.)

The subject merchandise, known commercially as Filterlink, is imported
in 4 forms:

> 1\) Spiral material constructed of linked monofilament yarns imported
> in rolls.
>
> 2\) Filter material of woven construction cut to length with no
> linking devices attached.
>
> 3\) Filter material of woven construction cut to length with linking
> devices attached.
>
> 4\) Filter material of woven construction imported in rolls with no
> linking devices attached.

Customs will address each of the above methods of importation for the
Filterlink merchandise and provide the appropriate classification within
heading 5911, HTSUSA.

**[A. Spiral material constructed of linked monofilament yarns imported
in rolls.]{.underline}**

Section XI, Subheading explanatory note for Subheading 5911.90, HTSUSA,
provides:

> Articles formed of linked monofilament yarn spirals and having similar
> uses to the textile fabrics and felts of a kind used in paper-making
> or similar machines fall in this subheading and not in subheading
> 5911.31 or 5911.32.

There is no dispute that the subject merchandise is constructed of
linked monofilament yarn spirals and therefore, the subject spiral
constructed Filterlink merchandise is *eo nomine* classified in
subheading 5911.90, HTSUSA.

> **[B. Filter material of woven construction cut to length with
> no]{.underline}**

**[linking devices attached.]{.underline}**

Protestant has provided that some of the subject Filterlink materials
are cut to size and/ or length for use in various machinery and do not
contain any linking device upon importation. These materials are woven
and used primarily for filtration.

Although textile fabrics for technical uses in heading 5911 are not
defined in the tariff schedule, the ENs to heading 5911 do provide
definitions for various types of textile articles and products used for
specific technical textile purposes. The EN to heading 5911, HTSUSA,
describe \"straining cloths\" as:

> (e.g., woven filter fabrics and needled filter fabrics), whether or
> not impregnated, of a kind used in oil presses or for similar
> filtering purposes (e.g., in sugar refineries or breweries) and for
> gas cleaning or similar technical applications in industrial dust
> collecting systems. The heading includes oil filtering cloth, certain
> thick heavy fabrics of wool or of other animal hair, and certain
> unbleached fabrics of synthetic fibres (e.g, nylon) thinner than the
> foregoing but of a close weave and having a characteristic rigidity.
> It also includes similar straining cloth of human hair.

Thus, according to the EN, straining cloths specifically include filter
fabrics used for technical applications in machinery such as utilized in
the paper industry.

Protestant has claimed that subheading 5911.40, HTSUSA, is inappropriate
for the subject Filterlink because the subheading *eo nomine* refers to
"straining cloths" rather than "filters." This issue was addressed by
the Court of International Trade ("CIT") in [GKD-USA, Inc. v. United
States]{.underline}, 20 C.I.T. 749 (1996) wherein the Court reviewed the
classification of sludge dewatering filtering belts imported in material
lengths. In [GKD]{.underline}, the CIT consulted various lexicographic
sources and determined that " 'straining cloth' is generally referred to
as 'filter cloth' " and that "straining cloth is a type of filter medium
required for the process of filtration." [GKD]{.underline} at 755. The
Court further agreed with Customs that the language "or the like" found
in subheading 5911.40 was broad enough to include a range of articles
other than the oil presses which are *eo nomine* provided in the
subheading. [Id.]{.underline} at 758. In affirming Customs
classification of merchandise at issue in [GKD]{.underline}, which is
similar to that submitted by Scapa in this Protest, within subheading
5911.40.0000, HTSUSA, the CIT set a precedent applicable to woven filter
materials with no linking device attached.

The ENs to heading 5911, HTSUSA, specifically refer to textile products
in the piece, cut to length or cut to shape. The subject Filterlink
merchandise is therefore covered by the controlling [GKD]{.underline}
decision as well as the ENs to heading 5911, HTSUSA.

Furthermore, Customs has consistently classified various types of filter
materials, like the subject material, as technical use fabric under
subheading 5911.40.0000, HTSUSA. In HQ 958415, dated March 26, 1996, a
nonwoven filter material made of 100 percent polyester, used in
desalination, chemical and waste treatment filtration operations, was
classified as technical use fabric of subheading 5911.40.0000, HTSUSA.
Likewise, in HQ 955244, dated April 4, 1994, we classified a nonwoven
polyester filter mat used as air filter medium as a technical use fabric
under subheading 5911.40.0000, HTSUSA. In HQ 954138, dated June 15,
1993, we classified air filter media made of a spunbonded nonwoven
component and batting material as a technical use fabric of subheading
5911.40.0000, HTSUSA.

Based on the established precedent provided by the Court of
International Trade and prior Customs rulings as well as the ENs,
Customs finds that the subject Filterlink material of woven construction
cut to length with no linking devices attached is properly classified in
subheading 5911.40.0000, HTSUSA.

**[C. Filter material of woven construction cut to length with linking
devices attached.]{.underline}**

Protestant claims that the woven filter material which is cut to length
and contains an attached linking device is properly classified in
subheading 5911.31 or 5911.32 depending on the weight of the material.

Customs agrees with the Protestant for the classification of this type
of Filterlink product.

Classification of the subject filter material is *eo nomine*
classifiable in subheadings 5911.31 or 5911.32, HTSUSA, based upon
weight in grams per meter squared (g/m^2^) . Use of a linking device in
these materials does not preclude classification and is not considered
as part of the weight in grams per meter squared measurement.

**[D. Filter material of woven construction imported in rolls with no
linking devices attached.]{.underline}**

Subheading 5911.40.0000, HTSUSA, provides for the classification of
"straining cloth." The language in the tariff schedule qualifies the
types of straining cloths classifiable in this subheading

as those \"of a kind used in oil presses or the like\". To classify the
subject merchandise under this provision, two issues must be
resolved: 1) are \"straining\" cloths synonymous with \"filtering\"
cloths or belts, and 2) is the subject merchandise of \"the like\" used
in oil presses or in similar

technical straining processes?

A careful reading of the language used in subheading 5911.40, HTSUSA,
reveals that there is no requirement that the straining cloths in this
provision be used in oil presses; rather, the term \"or the like\" is
used which serves to broaden the types of straining cloths that are
properly classifiable here.

The EN to heading 5911, HTSUSA, describes \"straining cloths\" as:

> \... (e.g., woven filter fabrics and needled fabrics), whether or not
> impregnated, of a kind used in oil presses or for similar filtering
> purposes (e.g., in sugar refineries or breweries) and for gas cleaning
> or similar technical applications in industrial dust collecting
> systems. The heading includes oil filtering cloth, certain thick heavy
> fabrics of wool or of other animal hair, and certain unbleached
> fabrics of synthetic fibers (e.g., nylon) thinner than the foregoing
> but of a close weave and having characteristic rigidity. It also
> includes similar straining cloth of human hair.

This language indicates that the drafters of the tariff schedule have
included in their definition of \"straining cloth\" a much broader range
of articles than those that are merely used in oil presses.

It is Custom's opinion that the terms "straining cloth" and "filtering"
cloth are synonymous as evidenced by the common usage of the word
\"strain\" and the identical functions of straining cloths and filtering
cloths or belts. [Webster\'s II New Riverside University
Dictionary]{.smallcaps} (Riverside 1984) defines \"strain\" as \"to pass
(a substance) through a filtering agent; \... to remove or draw off by
filtration\". In other words, to strain is to filter

and, by analogy, a straining cloth is a filtering cloth or belt.

The question then arises as to whether this filtering or straining cloth
is of a kind used in oil presses \"or the like\". Customs accepts the
fact that the subject merchandise is not used in oil presses, but rather
to dewater sludge in industrial paper treatment systems. EN(A)(3) to
heading 5911, HTSUSA, enumerates several examples of types of industrial
filtering which utilize straining cloths (e.g., oil presses, sugar

refineries, breweries). There is no fundamental difference in the
filtering function of the instant merchandise as compared with those
enumerated. Any straining or filtering cloth classifiable in subheading
5911.40.0000, HTSUSA, is designed to separate solid matter from fluid
and is for a technical use. The subject merchandise is put to the same
use as the straining cloths used in oil presses, sugar refineries and
breweries and it

is clearly used for technical purposes. Accordingly, classification of
the subject filter material of woven construction imported in rolls with
no linking devices attached is proper under subheading 5911.40, HTSUSA.

Customs has used similar analysis for other filtering materials, *e.g.,*
in HQ 950493, dated September 29, 1992, Customs classified polyester
filter material imported in rolls for use as an air filter to remove
dust particles from treated intake air in heading 5911, HTSUSA. In that
ruling, filtering dust particles from the air was considered a technical
application, and the cloth was classified as a straining cloth under
subheading 5911.40.0000, HTSUSA. [See also]{.underline} HQ 950167, dated
March 13, 1992, wherein Customs ruled that a diffusion filter fabric
made of 100 percent polyester fibermat was classifiable as a technical
use fabric.

HOLDING:

The subject Filterlink merchandise which is constructed of monofilament
spiral materials and imported in rolls is classified in subheading
5911.90.0080, HTSUSA, as "Textile products and articles, for technical
uses, specified in note 7 to this chapter: Other: Other." The general
column one duty rate was 5.6 percent *ad valorem* at time of entry*.*

The subject Filterlink merchandise which is constructed of a woven
construction with no linking devices and imported cut to length is
classified in subheading 5911.40.0000, HTSUSA, as "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 general column one duty rate was 10.5 percent
*ad valorem* at time of entry*.*

The subject Filterlink merchandise which is constructed of a woven
construction and has a linking device attached is classified in
subheading 5911.31.00, HTSUSA, as "Textile products and articles, for
technical uses, specified in note 7 to this chapter: Textile fabrics and
felts, endless or fitted with linking devices, of a kind used in
papermaking or similar machines (for example, for pulp or
asbestos-cement): Weighing less than 650 g/m^2^." The general column one
duty rate was 5.6 percent *ad valorem* at time of entry*.*

Or in subheading 5911.32.00, HTSUSA, if "weighing 650 g/m^2^ or more."
The general column one duty rate was 5.6 percent *ad valorem* at time of
entry*.*

The protest should be DENIED IN PART AND GRANTED IN PART. In accordance
with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August
4, 1993, Subject: Revised Protest Directive, you are to mail this
decision, together with the Customs Form 19, to the protestant no later
than 60 days from the date of this letter. Any reliquidation of the
entry or entries in accordance with the decision must be accomplished
prior to mailing the decision.

Sixty days from the date of the decision, the Office of Regulations and
Rulings will make the decision available to Customs personnel, and to
the public on the Customs Home Page on the World Wide Web at
www.customs.gov, by means of the Freedom of Information Act, and other
methods of public distribution.

> Sincerely,

Myles Harmon, Acting Director

> Commercial Rulings Division