CAFC Reverses CIT's Classification of Air Filters
In Airflow Technology, Inc. v. U.S., the Court of Appeals for the Federal Circuit reversed and remanded the classification decision to the Court of International Trade to determine whether Sperifilt, a filter media used to filter dirt and other particles in air filtration systems should be classified under HTS 5911.90.00 or 5603.94.90.
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Sperifilt is manufactured by Speritex S.P.A. in Brusnengo, Italy and is constructed of several layers of polyester fiber sheets, which are thermally bonded together and impregnated with a tacky adhesive substance. Sperifilt is used in air filtration mechanisms to filter dust and other particles out of the air supply circulated within industrial paint spray booths.
In 1998 and 1999, Airflow imported Sperifilt which were classified and liquidated under HTS subheading 5911.40.00, a provision which covers "textile products and articles, for technical uses, straining cloth of a kind used in oil presses or the like" Airflow protested this decision; but, the CIT affirmed the classification decision stating that the term "straining cloth" was not limited to filters used to separate solids from liquids.
On appeal, the CAFC ruled that the term "straining cloth" was not statutorily defined in the HTS, and that the term should be construed according to its usage as reflected in ordinary and commercial dictionaries. On that basis, the CAFC concluded the plain dictionary meaning of the term "straining cloth of a kind used in oil presses or the like" referred only to products that separate solids from liquids.
The CAFC noted the HTS language was clear on its face, stating that no weight should be afforded to contradictory language in the Explanatory Note for HTS 5911.40.00 which indicates that any type of filtering cloth, including those used for filtering air, could be included in this subheading; nor would the Court be bound by an interpretative opinion offered by the World Customs Organization on this subheading.
The CAFC reversed the judgment by the CIT and remanded the case back to the Court to determine whether the Sperifilt is properly classified under HTS 5911.90.00 or 5603.94.90.
CAFC decision 07-1384 (dated 04/28/08) available at: http://www.cafc.uscourts.gov/opinions/07-1384.pdf