HQ 086746: Industrial gasketing materials

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 086746

                       September 27, 1990

CLA-2 CO:R:C:G  086746 RFC

CATEGORY: Classification

TARIFF NO.: 6815.99.4000

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: Industrial gasketing materials

Dear Mr. LeClair:

     This ruling letter is in response to your request of
February 15, 1990, on behalf of Donex Inc., concerning the tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) of certain industrial gasketing
materials used to seal pipe flanges.  Samples were submitted for
examination.

FACTS:

     There exist four separate products for which classification
rulings are sought.  The products are identified as Optite 660,
Optite 670, Optite 770, and Optite 880.  Each product is
imported in 60 inch widths and 60 inch lengths with thicknesses
from 1/64th inch to 1/4 inch.  Laboratory analysis of the
submitted samples and information provided by the importer show
that each product contains synthetic fibers (approximately 8-13
percent), a mineral filler (approximately 65-75 percent), and a
rubber binder (approximately 13-25 percent).  The products
identified as Optite 660 and Optite 880 contain a nitrile rubber
(NBR) binder and the products identified as Optite 670 and Optite
770 contain a styrene butadiene rubber (SBR) binder.

     The rubber found in each of the four products acts
primarily as a binder but also provides strength and thermal
resistance.  The mineral filler found in each of the four
products consists of clay and silicon dioxide.  This filler
constitutes the major component of each product and is the
principal source of the strength, sealing and thermal-resistant
attributes of the gasketing materials.  Finally, the synthetic
fibers found in each of the four products consist of aramid
fibers.  The fibers are simply dispersed in random fashion
throughout the other components in the gasketing materials for
added strength and thermal resistance.  The fibers are less than
5 mm in length, and, as such, they are neither spun nor woven and
do not constitute a textile fabric.

     After importation, the gasketing materials are die cut into
gaskets for use "between pipe flanges to seal against leakage for
a variety of liquid and gas medias."

ISSUE:

     What is the material or component that gives an industrial
gasketing material consisting of synthetic fibers, a mineral
filler, and a rubber binder its essential character?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is governed
by 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...."  When goods, however, are,
prima facie, classifiable under two or more headings,
classification is to be effected pursuant to the provisions of
GRI 3.  GRI 3(b) states, in part, that "[m]ixtures...which cannot
be classified by reference to 3(a)...[(i.e., there exists no
heading that provides the most specific description among
headings providing a more general description)], shall be
classified as if they consisted of the material or component
which gives them their essential character...."  Explanatory Note
Rule 3(b)(VIII) states, in part, that "[t]he factor which
determines essential character will vary as between different
kinds of goods.  It may...be determined by the nature of the
material or component, its bulk, quantity, weight or value, or by
the role of a constituent material in relation to the use of the
goods."

     In the instant classification analysis, the component
materials of the above-described gasketing materials are
classified under the following headings: The rubber is
classified under heading 4008 as plates or sheets of vulcanized
rubber other than hard rubber, and the mineral filler is
classified under heading 6815 as articles of stone or of other
mineral substances, not elsewhere specified or included in the
HTSUSA.  With respect to the synthetic fibers, they fail to
qualify either as a nonwoven for purposes of heading 5603 or as a
textile product for technical uses in heading 5911.  Accordingly,
the synthetic fibers are classified under heading 5601 as textile
fibers not exceeding 5 mm in length.  From among these headings,
the goods are, prima facie, classifiable under headings 4008 and
6815 as these headings both provide for articles made of
materials found in the gasketing materials.  On the other hand,
heading 5601 is not a competing heading as it only provides for a
material found in the gasketing materials and not for the more
specific description of articles made of a material found in the
gasketing materials (as headings 4008 and 6815 so provide).  GRI
3(b) applies, then, because the gasketing materials are, prima
facie, classifiable under two or more headings (i.e., 4008 and
6815).

     Following their importation, the gasketing materials are die
cut into gaskets for industrial use as sealants between pipe
flanges.  The quality that gives the gasketing materials their
commercial appeal, then, is the ability to seal pipe flanges to
prevent leakage of liquids and gases at high temperatures.  As
between the mineral filler and the rubber binder (which are the
materials found in the gasketing materials for which competing
headings exist pursuant to GRI 3(b)), the mineral filler, as
discussed above, is the principal source of the strength,
sealing, and, particularly, thermal-resistance attributes of the
gasketing materials.  Thus, the essential character of the
gasketing materials is provided by the mineral filler. The
gasketing materials, therefore, must be classified as if
consisting of this filler, pursuant to GRI 3(b).

HOLDING:

     All four of the above-identified gasketing materials
are classified under subheading 6815.99.4000, HTSUSA, which
provides for articles of mineral substance not otherwise
specified or included.  The general rate of duty is 4.5 percent
ad valorem.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division