CLA-2 CO:R:C:G 086499 HP
Ms. Ann Williams
A.N. Derringer, Inc.
30 West Service Road
Champlain, NY 12919-9703
RE: NYRL 839393 modified. 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. PBI
Dear Ms. Williams:
This is in reply to your letter of January 29, 1990,
requesting reconsideration of NYRL 839393 of April 14, 1989.
Please reference your client Garlock du Canada Limite.
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, code 08455-1418 and code 08455-
1419, consists of yarn to be used to manufacture braided stem
packing for pumps. Code 08148-9049 is not subject to this
reconsideration. The yarns are composed of:
08455-1418
08455-1419
Item
% by Weight
% by Weight
Spun Polyben
zimidazole
(PBI)
36.8
56.3
Fiberglass
Continuous
Filament
63.2
43.7
The textile cordage is manufactured as packaging for pumps
and valves. The textile components of the cordage are mixed with
various other materials to generate chemical abrasion and/or heat
resistance.
In NYRL 839393, our New York office classified the instant
merchandise under subheading 5509.99.6000, HTSUSA, as yarn of
synthetic staple fibers.
ISSUE:
Whether the instant merchandise is classifiable as a textile
product or an article of glass fiber?
LAW AND ANALYSIS:
HRL 083830 of May 31, 1989, HRL 085417 of October 31, 1989,
and HRL 085813 of January 10, 1990, addressed to your company,
concerned similar-type goods manufactured by Garlock du Canada
Limite, to be used for the same purposes as the instant merchan
dise. 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 pro
vides, 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 re
sembles, 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 ap
plicable.
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 NYRL 839393, our New York office stated:
The PBI spun fibers in both yarns are syn
thetic fibers made by Celanese Corporation
that are used as a high temperature sub
stitute for asbestos. The PBI fibers are
expensive high performance fibers in the
PBI/glass blend yarns, and we believe that
the PBI fibers give the yarns their essential
character.
We agree. It is our opinion, therefore, that 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 per
cent ad valorem; otherwise, the general rate of duty is 7.5
percent ad valorem.
The designated textile and apparel category may be sub
divided into parts. If so, visa and quota requirements ap
plicable 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 re
straint (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 require
ments.
This notice to you should be considered a modification of
NYRL 839393 of April 14, 1989, as to the merchandise described as
codes 08455-1418 and 08455-1419, under 19 C.F.R. 177.9(d)(1)
(1989). It is not to be applied retroactively to NYRL 839393 (19
C.F.R. 177.9(d)(2) (1989)) and will not, therefore, affect the
transaction for the importation of your merchandise under that
ruling. However, for the purposes of future transactions in
merchandise of this type, NYRL 839393 will not be valid prece
dent. We recognize that pending transactions may be adversely
affected by this modification, in that current contracts for
importations arriving at a port subsequent to the release of HRL
086499 will be classified under the new ruling. If such a situa
tion arises, you may, at your discretion, notify this office and
apply for relief from the binding effects of the new ruling as
may be dictated by the circumstances.
Sincerely,
John Durant, Director
Commercial Rulings Division