HQ 086434: 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

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 086434 

                         August 13, 1990 

CLA-2 CO:R:C:G  086434  HP 

CATEGORY:  Classification 

TARIFF NO.:  5911.90.0000; 7019.10.1000; 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   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