CLA-2 CO:R:C:G 085813 HP
Ms. Ann M. Williams
A.N. Derringer, Inc.
30 West Service Road
Champlain, NY 12919-9703
RE: Coated yarn for braided valve stem packing material of man-
made fiber and glass and Teflon~ is textile article for technical
uses with essential character imparted by man-made fibers.
Dear Ms. Williams:
This is in reply to your letter of September 13, 1989, to
our
Champlain office, concerning the tariff classification of packing
material, produced in Canada, under the Harmonized Tariff
Schedule
of the United States Annotated (HTSUSA). Please reference your
client Garlock du Canada Limite.
FACTS:
The merchandise at issue, Style 750 DR synthetic yarn TFE 30
,
code 08418-9039, consists of yarn to be used to manufacture
braided
stem packing for pumps. It is composed of:
Component
% by Weight
Dralon Fiber
(similar to acrylic)
26.3
Rayon Fiber
17.5
Fiberglass Filament
33.1
Teflon~
23.1
The man-made fibers are blended together, and then spun over
a fiberglass core. After spinning, the product is coated with a
Teflon~ (polytetrafluoroethylene) solution. According to the
manufacturer, the dralon and rayon protect the glass during the
pumping operation. The Teflon~ provides proper lubrication, as
well as resistance to chemicals.
The dralon fiber is imported into Canada from Germany. The
rayon fiber, fiberglass filament and the labor come from Canada
and
the United States. The Teflon~ comes from Italy.
ISSUE:
Whether the instant merchandise is classifiable as a textile
product, an article of glass fiber, or as an article of plastics?
LAW AND ANALYSIS:
HRL 083830 of May 31, 1989, and HRL 085417 of October 31,
1989, addressed to your company, concerned similar-type goods
manufactured by Garlock du Canada Limite, to be used for the same
purposes as the instant merchandise. In those rulings, we held
that packing yarn composed of various components was classifiable
under heading 5911, HTSUSA, which provides for textile products
and
articles, for technical uses, specified in Note 7 to Chapter 59,
HTSUSA. Note 7 provides, inter alia, 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 locution "cords, braids and the like," the
merchandise covered by that portion of Note 7 is not required to
be twine, rope or braid; it must only be something that resembles
,
in appearance and use, cord and braid. A physical examination of
the instant merchandise clearly shows that its outward appearance
is that of cords; indeed, you have stated that the sample will be
used as cords in the construction of braided packing material.
In determining whether the merchandise is a textile product,
and therefore covered by heading 5911, HRLs 083830 and 085417,
supra, looked to the General Rules of Interpretation to the
HTSUSA.
The General Rules of Interpretation (GRIs) to the HTSUSA govern
the
classification of goods in the tariff schedule. GRI 1 states, in
pertinent part:
... classification shall be determined according to the
terms of the headings and any relative section or chapter
notes ....
Goods which cannot be classified in accordance with GRI 1 are to
be classified in accordance with subsequent GRIs, taken in order.
The instant merchandise is composed of more than one type of
material. GRI 3 states, in pertinent part:
When by application of Rule 2(b) [goods of more than one
material or substance] or for any other reason, goods
are, prima facie, classifiable under two or more
headings, classification shall be effected as follows:
* * *
(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) [which requires
that goods be classified, if possible, under the
more specific of the competing provisions], shall
be classified as if they consisted of the material
or component which gives them their essential
character, insofar as this criterion is applicable.
The factors which determine essential character of an article
will vary from case to case. It may be the nature of the materials
or the components, its bulk, quantity, weight, value, or the role
a material plays in relation to the use of the goods. In general,
essential character has been construed to mean the attribute which
strongly marks or serves to distinguish what an article is; that
which is indispensable to the structure or condition of an article.
In HRLs 083830 and 085417, supra, the man-made fibers
comprised, by weight and value, only a small portion of the
merchandise. We also stated that, notwithstanding this small
percentage, it is these fibers which provide the sealing capacity
for the packing material (the primary reason for the material's
usage). The glass and Teflon~ components were found to merely
enhance, rather than create, the properties of the packing
material. Accordingly, the essential character of the samples was
found to be imparted by the man-made fibers.
With respect to the instant merchandise, not only do the man-
made fibers still provide the sealing capacity for the packing
material, the man-made fibers are now present in an even greater
proportion. Following the analysis in our previous rulings, the
essential character of the yarn is imparted by man-made fibers.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 5911.90.0000, HTSUSA, as textile
products and articles, for technical uses, specified in note 7 to
this chapter, other. Articles which meet the definition of "goods
originating in the territory of Canada" (see General Note
3(c)(vii)(B), HTSUSA) are subject to reduced rates of duty under
the United States-Canada Free Trade Agreement Implementation Act
of 1988. If the merchandise constitutes "goods originating in the
territory of Canada," the applicable rate of duty is 6 percent ad
valorem; otherwise, the general rate of duty is 7.5 percent ad
valorem.
The designated textile and apparel category may be subdivided
into parts. If so, visa and quota requirements applicable to the
subject merchandise may be affected. Since part categories are the
result of international bilateral agreements which are subject to
frequent renegotiations and changes, to obtain the most current
information available, we suggest that you check, close to the time
of shipment, the Status Report On Current Import Quotas (Restraint
Levels), an issuance of the U.S. Customs Service, which is updated
weekly and is available at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importing the merchandise to determine the
current applicability of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division