CLA-2 CO:R:C:G 085417 PR
Ms. Ann M. Williams
A.N. Deringer, Inc.
30 West Service Road
Champlain, New York 12919-9703
RE: Classification of Goods Used to Make Packing Material
Dear Ms. Williams:
This ruling is in response to your request of August 3,
1989, addressed to our Champlain field office, on behalf of
Garlock of Canada, concerning the classification of three yarns
or cords that will be shipped through the port of Champlain
and/or Alexandria Bay, New York.
FACTS:
The imported goods will be used to manufacture braided
valve stem packings for pumps. The following breakdowns of
components for the products described as Synthepak II TFE 150
coated 2 ends, Code 08458-0101, and Synthepak II TFE 150 coated 3
ends, Code 08458-0102, were furnished.
Component Percent by Weight Cost per Pound
Acrylic fibers 7.2 $0.126
Rayon fibers 6.8 0.122
Glass fibers 26.0 0.353
Teflon 60.0 4.818
The man-made fibers are blended together and then spun over
a fiberglass core. After spinning, the product is coated with a
teflon solution. According to the manufacturer, the acrylic and
rayon fibers are used for the protection of the glass fibers and
the teflon provides the proper lubrication and resistance to
chemicals.
The following breakdown of components was submitted for the
third product, Synthepak II .024 dry, Code 08455-1101.
Component Percent by Weight Cost per Pound
Electrical continuous 41.3 $1.086
glass filaments
Electrical texturized 20.6 0.416
glass filaments
Acrylic fibers 22.9 0.375
Rayon fibers 15.2 0.258
As in the previous products, the manufacturer states the
man-made fibers are blended together and spun over the glass
filaments to protect those filaments.
Numerous advertisements for various similar types of packing
materials manufactured by Garlock of Canada were submitted, but
none dealt specifically with the three materials described above.
However, one advertisement appears to generally describe "Garlock
SYNTHEPAK Packings" and contains the following:
Features Advantages
Proprietary SYNTHEPAK o Non-abrasive
packing yarn o Superior resiliency
o Even sealing load
distribution
o Greater chemical
resistance
o Higher shaft speeds
Unique yarn coating o Better sealability
system o Greater leakage control
o Easier start-up
o fewer adjustments
ISSUE:
The issue presented is whether the sample merchandise is
classifiable as a textile product, as an article of glass fibers,
or, in the case of the first two described samples, as articles
of plastics.
LAW AND ANALYSIS:
Our ruling of May 31, 1989, HRL 083830, addressed to your
company, concerned a similar-type goods manufactured by Garlock
of Canada, to be used for the same purposes as the instant
merchandise. There we ruled that goods which were 52 percent
copper thread, 33 percent glass filaments, 9 percent acrylic
fibers, and 6 percent viscose fibers were classifiable under
Subheading 5911, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for textile products and
articles, for technical uses, specified in Note 7 to Chapter 59,
HTSUSA. Note 7 provides, among other things, that Heading 5911
applies to textile cords, braids and the like, of a kind used as
packing or lubricating materials, whether in the piece or cut to
length. By using the terminology, "cords, braids and the like",
the merchandise covered by that portion of Note 7 is not required
to be cord, twine, rope, or braid; it must only be something that
resembles in appearance and use cords and braid. A physical
examination of the submitted samples clearly shows that their
outward appearance is that of cords, and, as stated, they will be
used as cords in the construction of braided packing material.
In order to determine if the merchandise is, in fact, a
textile product, and, therefore, covered by Heading 5911, HRL
083830 looked to the General Rules of Interpretation (GRI) in the
HTSUSA. Since the merchandise was composed of more than one type
of material, GRI 3(b) was determinative. In the absence of a
specific provision describing the goods in question, GRI 3(b)
requires that the classification of a composite good (an article
composed of more than one material) shall be according to that
one material which imparts the essential character to the
article. In HRL 083830, as here, the man-made fibers only
comprise (by weight and value) a small portion of the
merchandise. However, here it is those fibers which, as in HRL
083830, provide the sealing capacity for the packing, which is
the primary reason for its usage. The glass and teflon
components merely enhance the properties of the packing material,
they do not create it. Accordingly, the essential character of
all three materials is imparted by the man-made fibers.
HOLDING:
The subject merchandise is classifiable under the provision
for other textile products for technical uses, in Subheading
5911.90.0000, HTSUSA, with duty, as a product of Canada at the
1989 rate of 7.5 percent ad valorem. If the goods satisfy the
requirements of the United States-Canada Free Trade Agreement,
the 1989 rate of duty is 6.7 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division