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HQ 085417

OCTOBER 30, 1989

CLA-2 CO:R:C:G 085417 PR


TARIFF NO.: 5911.90.0000

Ms. Ann M. Williams
A.N. Deringer, Inc.
30 West Service Road
Champlain, New York 12919-9703

RE: Classification of Goods Used to Make Packing Material

Dear Ms. Williams:

This ruling is in response to your request of August 3, 1989, addressed to our Champlain field office, on behalf of Garlock of Canada, concerning the classification of three yarns or cords that will be shipped through the port of Champlain and/or Alexandria Bay, New York.


The imported goods will be used to manufacture braided valve stem packings for pumps. The following breakdowns of components for the products described as Synthepak II TFE 150 coated 2 ends, Code 08458-0101, and Synthepak II TFE 150 coated 3 ends, Code 08458-0102, were furnished.

Component Percent by Weight Cost per Pound

Acrylic fibers 7.2 $0.126
Rayon fibers 6.8 0.122
Glass fibers 26.0 0.353
Teflon 60.0 4.818

The man-made fibers are blended together and then spun over a fiberglass core. After spinning, the product is coated with a teflon solution. According to the manufacturer, the acrylic and rayon fibers are used for the protection of the glass fibers and the teflon provides the proper lubrication and resistance to chemicals.

The following breakdown of components was submitted for the third product, Synthepak II .024 dry, Code 08455-1101.

Component Percent by Weight Cost per Pound

Electrical continuous 41.3 $1.086 glass filaments
Electrical texturized 20.6 0.416 glass filaments
Acrylic fibers 22.9 0.375
Rayon fibers 15.2 0.258

As in the previous products, the manufacturer states the man-made fibers are blended together and spun over the glass filaments to protect those filaments.

Numerous advertisements for various similar types of packing materials manufactured by Garlock of Canada were submitted, but none dealt specifically with the three materials described above. However, one advertisement appears to generally describe "Garlock SYNTHEPAK Packings" and contains the following:

Features Advantages

Proprietary SYNTHEPAK o Non-abrasive packing yarn o Superior resiliency o Even sealing load distribution o Greater chemical resistance o Higher shaft speeds

Unique yarn coating o Better sealability system o Greater leakage control o Easier start-up o fewer adjustments


The issue presented is whether the sample merchandise is classifiable as a textile product, as an article of glass fibers, or, in the case of the first two described samples, as articles of plastics.


Our ruling of May 31, 1989, HRL 083830, addressed to your company, concerned a similar-type goods manufactured by Garlock of Canada, to be used for the same purposes as the instant merchandise. There we ruled that goods which were 52 percent copper thread, 33 percent glass filaments, 9 percent acrylic fibers, and 6 percent viscose fibers were classifiable under Subheading 5911, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for textile products and articles, for technical uses, specified in Note 7 to Chapter 59, HTSUSA. Note 7 provides, among other things, 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 terminology, "cords, braids and the like", the merchandise covered by that portion of Note 7 is not required to be cord, twine, rope, or braid; it must only be something that resembles in appearance and use cords and braid. A physical examination of the submitted samples clearly shows that their outward appearance is that of cords, and, as stated, they will be used as cords in the construction of braided packing material.

In order to determine if the merchandise is, in fact, a textile product, and, therefore, covered by Heading 5911, HRL 083830 looked to the General Rules of Interpretation (GRI) in the HTSUSA. Since the merchandise was composed of more than one type of material, GRI 3(b) was determinative. In the absence of a specific provision describing the goods in question, GRI 3(b) requires that the classification of a composite good (an article composed of more than one material) shall be according to that one material which imparts the essential character to the article. In HRL 083830, as here, the man-made fibers only comprise (by weight and value) a small portion of the merchandise. However, here it is those fibers which, as in HRL 083830, provide the sealing capacity for the packing, which is the primary reason for its usage. The glass and teflon components merely enhance the properties of the packing material, they do not create it. Accordingly, the essential character of all three materials is imparted by the man-made fibers.


The subject merchandise is classifiable under the provision for other textile products for technical uses, in Subheading 5911.90.0000, HTSUSA, with duty, as a product of Canada at the 1989 rate of 7.5 percent ad valorem. If the goods satisfy the requirements of the United States-Canada Free Trade Agreement, the 1989 rate of duty is 6.7 percent ad valorem.


John Durant, Director

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