HQ 952077: Modification of PCR 870284; textile products and articlesfor technical uses; man-made filament yarn; braided packingmaterial; GRI 2(a); 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 952077

                        February 23, 1993



CLA-2 CO:R:C:T 952077 CRS

CATEGORY:  Classification

TARIFF NO.:  5911.90.0000

Lisa Levaggi Borter, Esq.
Adduci, Mastriani, Meeks & Schill
330 Madison Avenue
New York, NY 10017

RE:  Modification of PCR 870284; textile products and articles
for technical uses; man-made filament yarn; braided packing
material; GRI 2(a); incomplete; unfinished.

Dear Ms. Borter:

     This is in reply to your letter of June 19, 1992, on behalf
of AKZO Fibers, Inc., in which you requested a reconsideration of
pre-classification ruling (PCR) 870284 dated January 9, 1992. 
Samples of the merchandise in question were submitted with your
ruling request.

FACTS:

     The merchandise in question consists of two styles of 100
percent aramid, singles textured untwisted filament yarns, item
nos. 1030 and 1031.  The yarns have a tenacity of 1950 cN/tex,
the individual filaments of which have been impregnated with a
polytetrafluoroethylene (PFTE) solution.  The coating lubricates
and strengthens the yarns which, after importation, are braided
into packing material used in pumps.  The yarns are manufactured
in Germany.

     In PCR 870284 the instant merchandise was classified in
subheading 5402.32.3000, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).  However, you contend that the instant
yarns are properly classifiable as textile articles and products
for technical uses.

ISSUE:

     The issue presented is whether the instant yarns, which are
braided after importation, have the essential character of
finished braided packing material such that they are classifiable
as textile products and articles for technical uses.

LAW AND ANALYSIS:

     Heading 5911, HTSUSA, provides for certain textile products
and articles for technical uses as specified in note 7, Chapter
59, HTSUSA.  Note 7 provides in pertinent part 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.

     In Headquarters Ruling Letter (HRL) 086433 dated July 27,
1990, we stated in pertinent part:

          By using the locution "cords, braid 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 yarn 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 the 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.

     Customs continues to adhere to the rationale set forth in
HRL 086433.  See also HRL 085813 dated January 10, 1990; HRL
086434 dated August 13, 1990;; HRL 086435 dated July 13, 1990;
HRL 086496 - 086500 dated March 29, 1990; and HRL 085417 dated
October 30, 1989.  The yarns at issue are spun to make braided
packing materials, and constitute the only input used in the
manufacture of the braided packing material.  Accordingly, the
instant yarns have the essential character of finished packing
material.

HOLDING:

     The merchandise in question is classifiable in subheading
5911.90.0000, HTSUSA, under the provision for other textile
products and articles for technical uses, and is dutiable at the
rate of 7.5 percent ad valorem.

     Pursuant to section 177.9(d)(1), Customs Regulations (19 CFR
177.9(d)(1)), PCR 870284 dated January 9, 1992, is modified in
conformity with the foregoing.

                         Sincerely,





                         John Durant, Director