CLA-2 CO:R:C:G 086434 HP
Ms. Ann 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 is textile article for technical uses with
essential character imparted by man-made fibers. Cordage; GRI
2(a); complete; finished; incomplete; unfinished
Dear Ms. Williams:
This is in reply to your letter of January 30, 1990,
concerning the tariff classification of yarns for technical uses,
produced in Canada, under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA). Please reference your client
Garlock du Canada Limit e.
Pursuant to section 177.2(b)(7), Customs Regulations (19
C.F.R. 177(b)(7)), your request for confidentiality of all cost
specifications in your ruling request is granted.
FACTS:
The merchandise at issue, Style 08418-9019, 08455-2100,
08418-9155, and 08418-5017, consists of yarn to be used to
manufacture braided stem packing for pumps. Style 08418-9160,
also included with your request, is the subject of Headquarters
case number 086364, and will be classified therein. The yarns
are composed of:
019 2100 9155 5017
____ ___ ____ ____
Item % by Item % by Item % by Item % by
Weight Weight Weight Weight
Dralon 36.0 Dralon 25.2 Fiber 88.5 Dralon 100.0
glass
Conti-
nuous
Filam-
ent
Rayon 24.0 Rayon 16.8 Brass 11.5
Wire
(alloy
of Cu
and
Zn)
Fiber 40.0 Fiber 60.0
glass glass
Conti- Conti-
nuous nuous
Filam- Filam-
ent ent
The textile cordage is manufactured as packaging for pumps
and valves. The textile components of the cordage are mixed with
various other materials (i.e., Teflon ) to generate chemical
abrasion and/or heat resistance.
ISSUE:
Whether the instant merchandise is classifiable as textile
products or as articles of glass fiber?
LAW AND ANALYSIS:
All Styles Except 9155 ______________________
HRL 083830 of May 31, 1989, HRL 085417 of October 31,1989,
HRL 085813 of January 10, 1990, and HRL 086497 of March 29,
1990, among others, addressed to your company, concerned similar-
type goods manufactured by Garlock du Canada Limit e, 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.
It has been argued that since the sample will be used as
cords in the construction of braided packing material, rather
in the construction of than as braided packing material,
classification in heading 5911 is precluded. This classification
of raw materials as finished products was analogized to
classifying 70 denier nylon yarns as taffeta or fabric used to
make a blouse as a blouse. This reasoning is misplaced.
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.
GRI 2(a) provides:
Any reference in a heading to an article
shall be taken to include a reference to that
article incomplete or unfinished, provided
that, as entered, the incomplete or
unfinished article has the essential
character of the complete or finished
article.
It is clear in the instant matter that the yarn, as entered,
has the essential character of completed packing material. After
importation, the yarn is braided. You have demonstrated that
this yarn has no practical value outside of its use in
construction of braided packing materials. In addition, current
industry practice recognizes this type of yarn as dedicated for
use in the construction of braided packing materials. Therefore,
under the GRI 2(a) analysis narrated above, the instant yarn is
classifiable under heading 5911 as finished braided packing
materials.
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
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, 085417, and 085813, 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, the man-made fibers
still provide the sealing capacity for the packing material.
While the man-made fibers may be present in a smaller proportion
than, e.g., HRL 085813, the costs of those fibers still outweigh
by far the costs of the lubricating chemicals. It is our
opinion, therefore, that the essential character of the yarn is
imparted by man-made fibers.
Style 9155 __________
Style 9155 contains no textile components. The General
Explanatory Notes to Section XI, HTSUSA, state that
[i]n general, [this section] covers raw
materials of the textile industry ...,
semi-manufactured products ... and made
up articles made from those products.
* * *
In particular, the following are not
are not classified in Section XI:
* * *
(d) Glass fibres, yarns, fabrics,
and articles made therefrom
... (Chapter 70).
See also Note 1(r) to Section XI, HTSUSA. This style, therefore,
is not classifiable in Section XI.
Heading 7019, HTSUSA, provides for glass fibers and articles
thereof. The EN to heading 7019 states:
The uses of glass fibres are increasing
steadily, for example:
* * *
(2) For heat insulation purposes ... in the
form of fibres in bulk, nodules, felts,
pads, casings (for pipes) or braids,
braids (whether or not impregnated with
glue, pitch or other substances, or with
paper, textile or wire mesh supports).
[Emphasis added.]
The fiberglass continuous filament is used as an asbestos
replacement for heat and wear resistance. The brass wire
dissipates heat uniformly. It is clear that the wire is not
present merely for support, and must be taken into account in
determining the classification of Style 9155.
Copper-zinc base alloys (brasses) are classified as copper.
See Subheading Note 1(a) to Chapter 74, HTSUSA. Following the
EN, therefore, Style 9155 is either an article of glass fibers
or an article of copper.
The fiberglass greatly predominates by weight, and the wire
significantly predominates by cost. The fiberglass is an
asbestos replacement for heat resistance, and the wire provides
heat dissipation. The EN to heading 7019, HTSUSA (fiberglass),
references this type of merchandise, while no reference exists in
the Notes to Chapter 74.
It is our opinion, based upon the construction of the yarn,
that Style 9155 is classifiable as "of fiberglass." The glass
not only constitutes the majority of this item, but makes up its
entire core. The wire merely wraps around the fiberglass one
time, and the cost differential is not as great as the
fiberglass/Inconnel yarn classified as "of nickel" in HRL 086433
of July 27, 1990. Therefore, as the essential character of the
yarn is imparted by the fiberglass, the yarn must be classified
in Chapter 70.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified as follows:
Style 08418-9155 ________________
under subheading 7019.10.1000, HTSUSA, textile category 201,
as glass fibers (including glass wool) and articles thereof
(for example, yarn, woven fabrics), slivers, rovings, yarn
and chopped strands, yarns, not colored. 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 5.9
percent ad valorem; otherwise, the applicable general rate
of duty is 7.4 percent ad valorem.
Styles 08418-9019, 08455-2100, 08418-5017
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 normally 6 percent ad valorem
(otherwise, the general rate of duty is 7.5 percent ad
valorem.)
_________
U.S. Note 1 to Subchapter V of Chapter 99, HTSUSA, however,
states:
Unless the context otherwise requires, goods
originating in the territory of Canada
described in the provisions of this
subchapter, for which a rate of duty followed
by the symbol "(CA)" is herein provided, are
subject to duty at the rate set forth in lieu
of the rate provided therefor in chapters 1
through 98. No other preferential tariff
treatment provided under general note 3(c) to
the tariff schedule shall be afforded under
the provisions of this subchapter. Unless
otherwise provided, the provisions and notes
of this subchapter are effective as to such
goods, under general note 3(c)(vii) to the
tariff schedule, through the close of
December 31, 1998, on which date this
subchapter shall be deleted from the tariff
schedule and shall cease to apply to any
goods entered after that date.
Subheading 9905.59.10, HTSUSA, provides a Free rate of
duty to goods originating in the territory of Canada and
meeting the following description:
Packing yarns with cores of glass fibers,
whether or not incorporating a metal wire,
covered with a textile wrapper (provided for
in subheading 5911.90.00).
The instant merchandise meets this description. The
applicable rate of duty, therefore, is Free.
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 negotiations 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
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 status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division