CLA-2:RR:TC:TE 958760 DHS
Mr. R. B. McKenny
C.S. Emery & Company
6 Maple St.
Derby Line, VT 05830
RE: Modification of NY 854704; Classification of Pintlepin Assemblies
Dear Mr. McKenny:
This is in reference to NY 854704, dated March 25, 1994,
issued to you by the former Area Director, New York Seaport,
concerning the classification of pintlepin assemblies. That
ruling was issued in response to your letter of July 18, 1990, on
behalf of Lippert Pintlepin Mfg. Inc.. We have reconsidered this
ruling and determined that it is partially incorrect.
NY 854704 is modified in accordance with section 177.9(d) of
the Customs Regulations (19 CFR 177.9(d)). Pursuant to section
625(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as
amended by section 623 of Title VI (Customs Modernization) of the
North American Free Trade Agreement Implementation Act (Pub. L.
103-182, 107 Stat. 2057), notice of the proposed modification of
NY 854704 was published on November 20, 1996, in the Customs
Bulletin, in Volume 30, No. 47. This ruling sets forth the
classification of the pintlepin assemblies.
FACTS:
The following information was contained in NY 854704.
The pintlepin assemblies consist of lengths of
monofilament of nylon, polyester or
polyetheretherketone (peek) which are connected by
a small piece of brass or stainless steel tubing
to a length of stainless steel wire which comes to
a point like a needle. The monofilament varies in
width from .30 mm to 3.05 mm and is sometimes covered
by a textile braid of Nomex or nylon. The monofilament
varies in length from 3 feet to 40 feet, the stainless
steel wire leader may be the same length as the
monofilament or it may be shorter. The pintlepin
assemblies are used to close seams on dryer felts,
conveyor belts and other technical use belts used
primarily in the paper making industry. The metal
leader and tubing is cut off and discarded after
leading the monofilament through the seam of the felt
or belt.
ISSUE:
Whether pintlepin assemblies are classifiable under the
provision for articles of yarn, or strip or the like of heading
5404 through 5405, in heading 5609, Harmonized Tariff Schedule of
the United States Annotated (HTSUSA), because of Section XI Note
8, HTSUSA.
LAW AND ANALYSIS:
In NY 854704, the pintlepin assemblies in question were
classified under heading 5404 and 5808, specifically:
Pintlepin assemblies derived from monofilaments that do not exceed 1 mm in any cross-sectional dimension and are not covered by a braid - of nylon - 5404.10.2020, HTSUSA, (5404.10.8020, 1996 schedule)
of polyester - 5404.10.2040, HTSUSA
(5404.10.8040, 1996 schedule)
of peek - 5404.10.2090, HTSUSA
(5404.10.8080, 1996 schedule).
The applicable article description will be
synthetic monofilament of 67 decitex or more and
of which no cross-section dimension exceeds
1 mm, ... , monofilament, other.
Pintlepins assemblies derived from monofilament covered by a
textile braid - 5808.10.3010 HTSUSA (5808.10.4000, 1996 schedule).
This subheading provides for braids in the piece,
other, of cotton; of man-made fibers.
In HQ 956099, dated March 25, 1994, we held that the
pintlepin assemblies are properly classifiable in heading 5609
HTSUSA (specifically subheading 5609.00.30000, HTSUSA, of man-made fibers) as "articles of yarn, strip or the like of heading
5404 or 5405, twine, cordage, rope or cables, not elsewhere
specified or included." HQ 956099 concluded that the monofilament
imparts the essential character to the pintlepins and determines
their classification. The wire and tubing are cut off and
discarded after leading the monofilament through the seam of the
felt or belt; therefore, merely facilitating the installation of
the monofilament.
The analysis applied to the pintlepin assemblies in HQ
956099 is equally applicable to the articles under consideration,
since the description of the pintlepin assemblies in question is
identical to those in HQ 956099, with the exception of the
physical dimensions and the addition of the braided monofilament.
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) in accordance
with the General Rules of Interpretation (GRIs). GRI 1 states in
part that for legal purposes, classification shall be determined
according to the terms of the headings and any relative section
or chapter notes. GRI 1 does not apply to this case because the
pintlepin assemblies consist of more than one material and
therefore, are more accurately governed by another GRI.
GRI 2(a) is not applicable in this situation. GRI 2(b)
provides that a reference to a material in a heading shall be
taken to include mixtures or combinations of that material with
other materials and that any reference to goods of a given
material shall be taken to include goods partly of that material;
if goods consist of more than one material, then classification
will be according to GRI 3.
Pursuant to GRI 2(b), the classification of the pintlepin
assemblies are determined by GRI 3, since the pintlepin
assemblies are made from three different materials and there is
no eo nomine provision which specifically provides for pintlepin
assemblies.
GRI 3(a) is inapplicable because two or more headings each
refer to part only of the pintlepin assemblies. Subheading
7326.20, HTSUSA, provides for other articles of steel wire and
subheading 5609.00 provides for articles of yarn or strip of
heading 5404. We therefore, apply GRI 3(b), HTSUSA, which
states, in relevant part, that composite goods consisting of
different materials or made up of different components, shall be
classified as if consisting of the material or component which
gives them their essential character. The textile, the
monofilament of nylon, polyester or polyetheretherketone,
provides the essential character of the pintlepin assemblies.
The brass or stainless steel tubing and the stainless steel wire
are merely conduits to apply the monofilament.
Section XI, Note 7, HTSUSA, provides that the expression
"made up" means, among other things, "assembled by sewing,
gumming
or otherwise." This definition was applied in HQ 956099 to
conclude that pintlepin assemblies which consist of three
components combined into a single unit are "made up."
Section XI, Note 8, HTSUSA, states, "Chapters 50-55 . . . do
not apply to goods made up within the meaning of note 7 above."
Accordingly, pintlepin assemblies cannot be classified under a
subheading in chapter 54.
In accordance with the above analysis, the pintlepin
assemblies in question are properly classified under heading
5609, HTSUSA, in subheading 5609.00.3000, HTSUSA, as "articles of
yarn, strip or the like of heading 5404 or 5405, twine, cordage,
rope or cables, not elsewhere specified or included."
Heading 5609, HTSUSA, remains inapplicable to the pintlepin
assemblies of nylon, polyester or peek monofilaments which are
not covered by a braid and the dimensions of the monofilaments
exceed 1 mm in diameter since Section XI, Note 1(g) specifically
precludes them from this section because their dimensions exceed
1 mm.
HOLDING:
Under the authority of GRI 3(b), the pintlepin assemblies
are provided for in heading 5609 and classified in subheading
5609.00.30000, HTSUSA, which provides for "articles of yarn,
strip or the like of heading 5404 or 5405, twine, cordage, rope
or cables, not elsewhere specified or included."
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 internal
issuance of the U.S. Customs service, which is available for
inspection 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.
In accordance with 19 U.S.C. 1625(c), this ruling will
become effective 60 days after its publication in the Customs
Bulletin. Publication of rulings or decisions pursuant to 19
U.S.C. 1625(c)(1) does not constitute a change of practice or
position in accordance with section 177.10(c)(1), Customs
Regulations (19 CFR 177.10(c)(1)).
Sincerely,
John Durant, Director
Tariff Classification Appeals Division