us-cbp-cross-rulings-hq-086433•HQ 086433: 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
HQ 086433: 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
us-cbp-cross-rulings-hq-086433HQ 086433: 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; unfinishedGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 086433
July 27, 1990
CLA-2 CO:R:C:G 086433 HP
CATEGORY: Classification
TARIFF NO.: 5911.90.0000; 7508.00.5000; 9905.59.10
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 Nos. 08418-5008, 08418-8016,
08418-9161, 08418-9157, and 08418-9166, consists of yarn to be
used to manufacture braided stem packing for pumps. The yarns
are composed of:
5008 8016 9161 9157 9166
% by % by % by % by % by
Item Weig Item Weig Item Weig Item Weig Item Weig
ht ht ht ht ht
Dral 38.3 Inco 13.5 Dral 32.1 Poly 21.2 Dral 56.2
on nnel on 9 este on
Fibe Wire Fibe r Fibe
r (all r Fibe r
oy r
of non-
÷72% cont
nick inuo
el, us
÷17% fila
chro ment
mium
,
÷10%
iron
,
÷1%
trac
e)
Poly 6.1 Fibe 86.5 Poly 12.1 Fibe 58.8 Fibe 20.8
este rgla este 8 rgla rgla
r ss r ss ss
Cont Cont Cont cont Fila
in. in. in. inuo ment
Fila Fila Fila us
ment ment ment fila
ment
Fibe 42.6 Fibe 42.6 AC- 20.0 Tefl 23.0
rgla rgla 3 658 on
ss ss Liqu
Cont Cont id
in. in. Acry
Fila Fila lic
ment ment
Liqu 13.0 Liqu 13.0
id id
Acry Acry
lic lic
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 8016
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
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
HTSUSA. 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 8016
Style 8016 contains no textile components. The General
EN to Section XI, HTSUSA, states 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
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, (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 resistance. The inconnel wire also provides
heat, as well as chemical, resistance. It is clear that the wire
is not present merely for support, and must be taken into account
in determining the classification of Style 8016.
The General EN to Section XV, HTSUSA, states:
(B) ARTICLES OF BASE METALS
In accordance with Section Note 5, base metal
articles containing two or more base metals are
classified as articles of that metal which
predominates by weight over each of the other
metals.... The same rule applies to articles
made partly of non-metals, provided that, under
the [GRIs], the base metal gives them their
essential character.
The nickel in the inconnel wire predominates by weight,
Following the EN, therefore, Style 8016 is either an article of
glass fibers or an article of nickel.
The fiberglass greatly predominates by weight, and the wire
greatly predominates by cost. The fiberglass is an asbestos
replacement for heat resistance, and the wire provides both
chemical and heat resistance. The ENs to both applicable
headings refer to the articles in question. See the EN to
heading 7019, supra, and the General EN to Chapter 75 ("these
alloys ... used in pumps, valves, tubing and other forms of
equipment exposed to certain mineral or organic acids or alkalis
and salts"). It is our opinion, therefore, that neither the
fiberglass nor the Inconnel wire impart the essential character
of Style 8016.
GRI 3(c) states that
[w]hen goods cannot be classified with reference
to 3(a) [heading with the most specific
description] or 3(b) [material or component
imparting essential character], they shall be
classified under the heading which occurs last in
numerical order among those which equally merit
consideration.
The applicable heading in Chapter 75 occurs after heading 7019.
Under GRI 3(c), classification therein is mandated.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified as follows:
Style 08418-8016
under subheading 7508.00.5000, HTSUSA, as other articles of
nickel, 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 4.4 percent ad valorem.
Otherwise, the general rate of duty is 5.5 percent ad
valorem.
Styles 08418-5008, 08418-9161, 08418-9157, 08418-9166
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:
ø 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.
Sincerely,
JOHN DURANT, DIRECTOR
COMMERCIAL RULINGS DIVISION
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