HQ 086435: 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 086435

                          July 13, 1990


     CLA-2 CO:R:C:G  086435  HP

     CATEGORY:  Classification

     TARIFF NO.:  5911.90.0000; 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 29,
     1990, requesting reconsideration of NYRL 833728 of
     December 7, 1988.  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, Style Nos. M455-1410,
     M455-1100, and 08455-1406, consists of yarn to be used
     to manufacture braided stem packing for pumps.  The
     yarns are composed of:

      M455-1410             M455-1100             08455-1406


 Item        % by        Item       % by        Item        % by
            Weight                 Weight                 Weight

11.6        60         37          50          37         20
ETDE                   ETDE                    ETDE
contin                 contin                  contin
uous                   uous                    uous
glass                  glass                   glass
filame                 filame                  filame
nt                     nt                      nt

Acryli      24         Acryli      30          75         10
c                      c                       ECDE
fiber                  fiber                   contin
                                               uous
                                               glass
                                               filame
                                               nt

Rayon       16         Rayon       20          37         20
Viscos                 fiber                   ECDE
e                                              contin
                                               uous
                                               glass
                                               filame
                                               nt

                                               Acryli     50
                                               c non-
                                               contin
                                               uous
                                               filame
                                               nt


         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.

         In NYRL 833728, we classified this merchandise
     under heading 7019, HTSUSA, as glass fibers and
     articles thereof.

     ISSUE:

         Whether the instant merchandise is classifiable as
     textile products or as articles of glass fiber?

     LAW AND ANALYSIS:

         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 Limite, 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 is
     worthless except for 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 now,
     in one case, 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.

     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
     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.

         This notice to you should be considered a
     modification of NYRL 833728 of December 7, 1988, as to
     the merchandise described as packing yarn, under 19
     C.F.R.  177.9(d)(1) (1989).  It is not to be applied
     retroactively to NYRL 833728 (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 833728
     will not be valid precedent.  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 086435 will be classified under the new
     ruling.  If such a situation 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