CIT Rules Poly Air Filter Media Is Classified in HTS Chapter 56 as Duty-Free Nonwoven

The Court of International Trade has ruled in the test case Airflow Technology, Inc., v. U.S., that Sperifilt air filter media is properly classified as a duty-free nonwoven in HTS heading 5603 and not a textile fabric or article under heading 5911 as argued by Customs. The CIT stated that the Sperifilt is not classifiable in heading 5911 because, according to Chapter 59 Note 7, the Sperifilt is not a "textile fabric", is not similar to textile fabrics used for card clothing, and is not a "textile article."

CAFC Remanded Case in 2008 to CIT to Determine if Sperifilt Is HTS 5911 or 5603

In 1998 and 1999, Airflow imported 21 entries of Sperifilt filter media, a high-loft non-woven medium made of polyester thermobonded fibers, a polyester yarn backing net, and a tacky adhesive substance. It is designed for air filtration in industrial spray paint booths. U.S. Customs and Border Protection liquidated the Sperifilt under subheading 5911.40.00 as a straining cloth of a kind used in oil presses or the like (11% and 10.5%¹). In 2007, Airflow protested before the CIT, which affirmed CBP's classification.

In 2008, Airflow appealed, and the Court of Appeals for the Federal Circuit reversed the CIT's decision and remanded the case to the CIT for a determination as to whether Sperifilt is more properly classified under subheading 5911.90.00 (6% and 5.6%¹) as other textile products and articles for technical uses or under 5603.94.90 as other nonwovens (duty-free).

CBP Argued Sperifilt Is Textile Fabric/Article with Uses Listed in Ch. 59 Note 7

CBP argued that classification under heading 5911 is proper because the Sperifilt is covered by Note 7 to Chapter 59.²First, CBP contended that Sperifilt should be classified under subheading 5911.10.20 (6% and 5.6%¹) because it falls within the scope of Note 7(a)(i), which provides for 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, etc.

Alternatively, CBP contended that the Sperifilt is classifiable under subheading 5911.90.00 (6% and 5.6%¹) because it falls within the scope of Note 7(b), which provides for textile articles of a kind used for technical purposes.

CIT Found Sperifilt Cannot be Under 5911 as Does Not Fall in Scope of Note 7

By application of General Rule of Interpretation (GRI) 1³, the CIT found that the Sperifilt is not classifiable under heading 5911 for the following reasons:

Sperifilt is not a textile fabric. The CIT stated that Note 1 to Chapter 59 limits the use of the term "textile fabrics" in Chapter 59 to woven fabrics. Sperifilt, however, is nonwoven, and is not knitted or crocheted. As such, Sperifilt is not a textile fabric in the scope of Note 7(a)(i).

Not similar to fabrics used for card clothing. The textile fabrics listed in Note 7(a)(i) are "of a kind used for card⁴ clothing" and are designed to be strong, sturdy, and supportive components of moving machines. Unlike these fabrics, the CIT noted the Sperifilt is a porous, high-loft and stationary medium for air filtration. Therefore, Sperifilt is not a fabric of a kind used for card clothing and is not a "similar fabric" used for other technical purposes.

Also not a "textile article" of Note 7(b). The CIT noted that the imported item in this case is the generic roll of Sperifilt filter media from which individual air filters will be fashioned following importation. A "textile article" refers to a textile object or item with a fixed identity and dimensions. Therefore, the CIT stated there is no "textile article” in this case because the precise dimensions of the Sperifilt were not established or designated at the time of importation for specific industrial paint spray booths. As such, Sperifilt is not a "textile article" within the scope of Note 7(b).

CIT Rules Filters Are Other Nonwovens in Heading 5603

The CIT stated that because the Sperifilt is not within the scope of Note 7 to Chapter 59, it is classifiable under subheading 5603.94.90, which covers nonwovens, whether or not impregnated, coated, covered or laminated. The Explanatory Notes (ENs) provide that the heading covers nonwovens in the piece, cut to length, or simply cut to rectangular shape from larger pieces without other working, whether or not presented folded or put up in packings (e.g., for retail sale). In addition, the ENs expressly state that heading 5603 covers nonwoven sheets for filtering liquids or air.

Accordingly, the CIT granted Airflow's motion for summary judgment and denied CBP's cross-motion for summary judgment.

¹Based on 1998 and 1999 duty rates.

²Merchandise may be classified under heading 5911 only if it is a textile product or article for technical uses specified in Note 7 to Chapter 59. In the CAFC's 2008 ruling, CBP argued that Sperifilt fell within the scope of Note 7(a)(iii) as straining cloth of a kind used in oil presses or the like. The CAFC, however, held that the Sperifilt could not be classified in this subheading as it is limited to products that separate solids from liquids and does not encompass products, like the Sperifilt, that separate solids from gases.

³Classification by application of GRI 1 is made according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes.

⁴Carding is a process where a wire-toothed brush or a machine fitted with rows of wire teeth disentangles fibers prior to spinning.

(See ITT's Online Archives 08050960 for summary of the CAFC's 2008 reversal and remand decision.)

(Slip Op. 11-136, dated 10/31/11)