HQ 089145: Impregnated yarns and cords used to absorb sea water in fiber optic cables are not cords for technical uses. Acrylic; resin; visible; naked; eye

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 089145

                           August 2, 1991






   CLA-2 CO:R:C:T  089145  HP

   CATEGORY:  Classification

   TARIFF NO.:  5509.31.0000; 5607.50.2000

   Mr. Matthew Chang
   Assistant Vice President
   C. Itoh & Co. (America) Inc.
   335 Madison Avenue
   New York, NY 10017

   RE:  Impregnated yarns and cords used to absorb sea water in
   fiber optic cables are not cords for technical uses.  Acrylic;
   resin; visible; naked; eye

   Dear Mr. Chang:

        This is in reply to your letter of April 3, 1991,
   concerning the tariff classification of impregnated yarn,
   produced in Japan, under the Harmonized Tariff Schedule of the
   United States Annotated (HTSUSA).

   FACTS:

        The merchandise at issue consists of three types of
   impregnated yarns, article number S-YAN, at 40,000, 20,000,
   and 5,000 denier.  Each yarn, constructed of 100% spun
   acrylic, contains an S-twist.  The 5,000 denier yarn is single
   ply, the 20,000 denier yarn is 4-ply, and the 40,000 denier
   yarn is 8-ply.  All yarns have been impregnated with acrylic
   resin.  The yarns are incorporated within under-sea fiber
   optic cables; the impregnation allows the yarns to absorb sea
   water and thus protect the fiber optics.

   ISSUE:

        Whether these yarns are considered coated under the
   HTSUSA?

   LAW AND ANALYSIS:

        Heading 5604, HTSUSA, provides for, inter alia, textile
   yarn impregnated, coated, covered or sheathed with rubber or
   plastics.  The General Rules of Interpretation (GRIs) to the
   HTSUSA govern the classification of goods in the tariff
   schedule.  GRI 1 states, in pertinent part, that:

             ... 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.  Note 4 to Chapter 56, HTSUSA, states:

             Heading 5604 does not cover textile yarn,
             ...in which the impregnation, coating or
             covering cannot be seen with the naked eye
             (usually chapters 50 to 55); for the
             purpose of this provision, no account
             should be taken of any resulting change in
             color.

        The wording of Note 4 ("cannot be seen with the naked
   eye") is a clear expression by the drafters of the Harmonized
   System that a significant, if not substantial, amount of
   material must be added to a yarn it to be considered
   impregnated, coated, covered or sheathed.  The plastics
   material added to the yarn must be visibly distinguishable
   from that yarn. Any change in the "feel" of the material is
   not taken into account.  In essence, the plastics coating must
   alter the visual characteristic of the yarn in order for the
   yarn to be considered coated with plastics.

        Applying the statutory test to the submitted samples,
   using normally corrected vision in a well lighted room, we
   cannot discern any visible coating applied to the yarns.
   Heading 5604, HTSUSA, is therefore inapplicable.

   5000 Denier Yarn

        Heading 5509, HTSUSA, provides for yarn (other than
   sewing thread) of synthetic staple fibers, not put up for
   retail sale.  This heading prima facie describes the
   merchandise at issue.

   20,000 & 40,000 Denier Yarns

        Note 3(A)(b) to Section XI, HTSUSA, states that yarns
   (single, multiple (folded) or cabled) of man-made fibers,
   measuring more than 10,000 decitex, are to be treated as
   "twine, cordage, ropes and cables."  Heading 5607, HTSUSA,
   provides for these items, whether or not impregnated, coated,
   covered or sheathed with rubber or plastics.  This heading
   prima facie describes the merchandise at issue.

        Heading 5911, HTSUSA, provides for textile products and
   articles for technical uses.  Note 7 to Chapter 59, HTSUSA,
   states:

             Heading 5911 applies to the following

             goods, which do not fall in any other
             heading of section XI:

             (a)  Textile products in the piece, cut to
                  length or simply cut to rectangular
                  (including square) shape (other than
                  those having the character of the
                  products of headings 5908 to 5910
                  [wicks, hosepiping and belting], the
                  following only:

                               * * *

                  (vi) Cords, braids and the like,
                       whether or not coated,
                       impregnated or reinforced
                       with metal, of a kind used
                       in industry as packing and
                       lubricating materials;

   Although the items at issue clearly meet the first two
   qualifications of Note 7(a)(vi), supra, they are protective
   components, not packing or lubricating materials.  Therefore,
   per Note 7, they cannot be classified under heading 5911,
   HTSUSA.

   HOLDING:

        As a result of the foregoing, the instant merchandise is
   classified as follows:

   5,000 Denier Yarn

        ... under subheading 5509.31.0000, HTSUSA, textile
        category 604, as yarn (other than sewing thread) of
        synthetic staple fibers, not put up for retail sale,
        containing 85 percent or more by weight of acrylic or
        modacrylic staple fibers, single yarn.  The applicable
        rate of duty is 11 percent ad valorem.

   20,000 & 40,000 Denier "Yarns"

        ... under subheading 5607.50.2000, HTSUSA, textile
        category 201, as twine, cordage, ropes and cables,
        whether or not plaited or braided and whether or not
        impregnated, coated, covered or sheathed with rubber or
        plastics, of other synthetic fibers, not braided or
        plaited.  The applicable rate of duty is 27.6/kg + 15
        percent ad valorem.

        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 of 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.

        A copy of this ruling letter should be attached to the
   entry documents filed at the time this merchandise is
   imported.  If the documents have been filed without a copy,
   this ruling should be brought to the attention of the Customs
   officer handling the transaction.


                             Sincerely,





                       John Durant, Director
                    Commercial Rulings Division