CLA-2 CO:R:C:G 083989 PR
David Frantz, Esquire
Conlon, Frantz, Phelan & Knapp
1818 N Street N.W., Suite 200
Washington, D.C. 20036
RE: Classification of Fourdrinier Wires
Dear Mr. Frantz:
This ruling is in response to your letters of February 14
and March 20, 1989, concerning the tariff status of "plastic"
fourdrinier wires.
FACTS:
No samples were submitted. However, we understand, and
assume for the purposes of this ruling, that the "plastic" wires
are actually monofilaments that do not exceed 1 millimeter in
cross-sectional dimension.
Fourdrinier wire is an endless belt suitable for use on a
fourdrinier paper making machine. Originally, fourdrinier wire
was made from metal. However, recently synthetic monofilaments
have replaced the metal wires.
ISSUE:
The issue presented is how is fourdrinier wire, which
consists of monofilaments of less than 1 mm in diameter,
classified under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).
LAW AND ANALYSIS:
The inquirer states that fourdrinier wires should be
classified under Headings 7314 and 7414, HTSUSA. However, those
provisions are applicable only to fourdrinier wire of iron or
steel, or of copper, respectively. Accordingly, they are not
applicable to the subject merchandise.
Heading 5911, HTSUSA, provides for textile fabrics and
articles, for technical uses, as specified in Note 7 to Chapter
59, HTSUSA. Note 7 provides that Heading 5911 applies to, among
other things, endless textile articles of a kind used in
papermaking or similar machines.
Note 1(g), Section XI (wherein Chapter 59 is located),
HTSUSA, provides that Section XI does not include monofilaments
"of which any cross-sectional dimension exceeds 1 mm". In
accordance with that note, monofilaments which exceed 1 mm in
cross-sectional dimension are classifiable according to their
component material--if of plastics, in Chapter 39, HTSUSA. Since
the fourdrinier wire which is the subject of this ruling is
assumed to be composed of monofilaments which do not exceed 1 mm
in cross-sectional dimension, those monofilaments are textile
materials for tariff purposes and an article of that material is
a textile article.
HOLDING:
Without a sample of the merchandise to be imported, we are
unable to determine with certainty its classification. However,
it would appear that the merchandise is classifiable under the
Subheading for textile fabrics, endless or fitted with linking
devices, of a kind used in papermaking or similar machines, in
either 5911.31.0000, HTSUSA, if weighing less than 650 grams per
square meter, or in 5911.32.0000, HTSUSA, if weighing 650 grams
or more per square meter.
Requests for statistical annotations specifically naming
fourdrinier wires under those two classifications should be
addressed to the International Trade Commission, ATTN: Mr. Eugene
Rosengarden, 500 E Street S.W., Washington, D.C. 20436.
Sincerely,
John Durant, Director
Commercial Rulings Division