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HQ 087474


August 29, 1990

CLA-2 CO:R:C:G 087474 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.0000; 9905.59.10

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

RE: 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. Kevlar; aramid

Dear Ms. Williams:

This is in reply to your letter of June 29, 1990, concerning the tariff classification of braided packing yarn, produced in Canada, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Please reference your client Garlock du Canada Limite.

Although you failed to request confidentiality for all cost specifications in your ruling request, we are cognizant of your client's continued interest therein. Pursuant to section 177.2(b)(7), Customs Regulations (19 C.F.R. 177(b)(7)), therefore, we are granting such confidentiality. Please be aware, however, that in the future such confidentiality must be specifically sought.

FACTS:

The merchandise at issue, code 08418-9173, consists of yarn to be used to manufacture braided stem packing for pumps. The yarn is composed of:

ITEM % BY WEIGHT

Kevlar Fiber 16.3
(an aromatic polyamide)

Rayon Fiber 16.3

Fiberglass Continuous Filament 67.4

The textile cordage is manufactured as packaging for pumps and valves. The textile components of the cordage are mixed with various other materials (i.e., Teflon ) to generate chemical abrasion and/or heat resistance.

ISSUE:

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

LAW AND ANALYSIS:

HRL 086497 of March 29, 1990, classified yarn code 08418- 9120 under subheading 5911.90.0000, HTSUSA, as textile products and articles for technical uses. While the instant code number differs, the components making up 08418-9173 are both the same, and in an identical proportion, to those of 08418-9120. It is our opinion, therefore, that the analysis and conclusion reached in HRL 086497 is applicable to this ruling.

HOLDING:

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 normally 6 percent ad valorem (otherwise, the general rate of duty is 7.5 percent ad valorem.)

U.S. Note 1 to Subchapter V of Chapter 99, HTSUSA, however, states:

Unless the context otherwise requires, goods originating in the territory of Canada described in the provisions of this subchapter, for which a rate of duty followed by the symbol "(CA)" is herein provided, are subject to duty at the rate set forth in lieu of the rate provided therefor in chapters 1 through 98. No other preferential tariff treatment provided under general note 3(c) to the tariff schedule shall be afforded under the provisions of this subchapter. Unless otherwise provided, the provisions and notes of this subchapter are effective as to such goods, under general note 3(c)(vii) to the tariff schedule, through the close of
December 31, 1998, on which date this subchapter shall be deleted from the tariff schedule and shall cease to apply to any goods entered after that date.

Subheading 9905.59.10, HTSUSA, provides a Free rate of duty to goods originating in the territory of Canada and meeting the following description:

Packing yarns with cores of glass fibers, whether or not incorporating a metal wire, covered with a textile wrapper (provided for in subheading 5911.90.00).

The instant merchandise meets this description. The applicable rate of duty, therefore, is Free.

Sincerely,

JOHN DURANT, DIRECTOR

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