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HQ 086499

March 29, 1990

CLA-2 CO:R:C:G 086499 HP


TARIFF NO.: 5911.90.0000

Ms. Ann Williams
A.N. Derringer, Inc.
30 West Service Road
Champlain, NY 12919-9703

RE: NYRL 839393 modified. 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. PBI

Dear Ms. Williams:

This is in reply to your letter of January 29, 1990, requesting reconsideration of NYRL 839393 of April 14, 1989. 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.


The merchandise at issue, code 08455-1418 and code 08455- 1419, consists of yarn to be used to manufacture braided stem packing for pumps. Code 08148-9049 is not subject to this reconsideration. The yarns are composed of:

% by Weight
% by Weight

Spun Polyben zimidazole


The textile cordage is manufactured as packaging for pumps and valves. The textile components of the cordage are mixed with various other materials to generate chemical abrasion and/or heat resistance.
In NYRL 839393, our New York office classified the instant merchandise under subheading 5509.99.6000, HTSUSA, as yarn of synthetic staple fibers.


Whether the instant merchandise is classifiable as a textile product or an article of glass fiber?


HRL 083830 of May 31, 1989, HRL 085417 of October 31, 1989, and HRL 085813 of January 10, 1990, addressed to your company, concerned similar-type goods manufactured by Garlock du Canada Limite, to be used for the same purposes as the instant merchan dise. 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 pro vides, 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 re sembles, 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.

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 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.

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 ap plicable.

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 NYRL 839393, our New York office stated:

The PBI spun fibers in both yarns are syn thetic fibers made by Celanese Corporation that are used as a high temperature sub stitute for asbestos. The PBI fibers are expensive high performance fibers in the
PBI/glass blend yarns, and we believe that the PBI fibers give the yarns their essential character.

We agree. It is our opinion, therefore, that the essential character of the yarn is imparted by man-made fibers.


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 6 per cent ad valorem; otherwise, the general rate of duty is 7.5 percent ad valorem.

The designated textile and apparel category may be sub divided into parts. If so, visa and quota requirements ap plicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations 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 re straint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or require ments.

This notice to you should be considered a modification of NYRL 839393 of April 14, 1989, as to the merchandise described as codes 08455-1418 and 08455-1419, under 19 C.F.R. 177.9(d)(1) (1989). It is not to be applied retroactively to NYRL 839393 (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 839393 will not be valid prece dent. 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 086499 will be classified under the new ruling. If such a situa tion 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.


John Durant, Director
Commercial Rulings Division

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