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HQ 086434

August 13, 1990

CLA-2 CO:R:C:G 086434 HP


TARIFF NO.: 5911.90.0000; 7019.10.1000; 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. Cordage; GRI 2(a); complete; finished; incomplete; unfinished

Dear Ms. Williams:

This is in reply to your letter of January 30, 1990, concerning the tariff classification of yarns for technical uses, produced in Canada, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Please reference your client Garlock du Canada Limit e.

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, Style 08418-9019, 08455-2100, 08418-9155, and 08418-5017, consists of yarn to be used to manufacture braided stem packing for pumps. Style 08418-9160, also included with your request, is the subject of Headquarters case number 086364, and will be classified therein. The yarns are composed of:

019 2100 9155 5017

Item % by Item % by Item % by Item % by
Weight Weight Weight Weight

Dralon 36.0 Dralon 25.2 Fiber 88.5 Dralon 100.0 glass
Conti- nuous
Filam- ent

Rayon 24.0 Rayon 16.8 Brass 11.5
(alloy of Cu and

Fiber 40.0 Fiber 60.0 glass glass
Conti- Conti- nuous nuous
Filam- Filam- ent ent

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.


Whether the instant merchandise is classifiable as textile products or as articles of glass fiber?


HRL 083830 of May 31, 1989, HRL 085417 of October 31,1989, HRL 085813 of January 10, 1990, and HRL 086497 of March 29, 1990, among others, addressed to your company, concerned similar- type goods manufactured by Garlock du Canada Limit e, to be used for the same purposes as the instant merchandise. 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 provides, 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 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 in the construction of 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 yarns 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 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.

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

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 applicable.

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 HRLs 083830, 085417, and 085813, supra, the man-made fibers comprised, by weight and value, only a small portion of the merchandise. We also stated that, notwithstanding this small percentage, it is these fibers which provide the sealing capacity for the packing material (the primary reason for the material's usage). The glass and Teflon components were found to merely enhance, rather than create, the properties of the packing material. Accordingly, the essential character of the samples was found to be imparted by the man-made fibers.

With respect to the instant merchandise, the man-made fibers still provide the sealing capacity for the packing material. While the man-made fibers may be present in a smaller proportion than, e.g., HRL 085813, the costs of those fibers still outweigh by far the costs of the lubricating chemicals. It is our opinion, therefore, that the essential character of the yarn is imparted by man-made fibers.

Style 9155 contains no textile components. The General Explanatory Notes to Section XI, HTSUSA, state that

[i]n general, [this section] covers raw materials of the textile industry ..., semi-manufactured products ... and made up articles made from those products.

In particular, the following are not are not classified in Section XI:

(d) Glass fibres, yarns, fabrics, and articles made therefrom
... (Chapter 70).

See also Note 1(r) to Section XI, HTSUSA. This style, therefore, is not classifiable in Section XI.

Heading 7019, HTSUSA, provides for glass fibers and articles thereof. The EN to heading 7019 states:

The uses of glass fibres are increasing steadily, for example:

(2) For heat insulation purposes ... in the form of fibres in bulk, nodules, felts, pads, casings (for pipes) or braids, braids (whether or not impregnated with glue, pitch or other substances, or with paper, textile or wire mesh supports).
[Emphasis added.]

The fiberglass continuous filament is used as an asbestos replacement for heat and wear resistance. The brass wire dissipates heat uniformly. It is clear that the wire is not present merely for support, and must be taken into account in determining the classification of Style 9155.

Copper-zinc base alloys (brasses) are classified as copper. See Subheading Note 1(a) to Chapter 74, HTSUSA. Following the EN, therefore, Style 9155 is either an article of glass fibers or an article of copper.

The fiberglass greatly predominates by weight, and the wire significantly predominates by cost. The fiberglass is an asbestos replacement for heat resistance, and the wire provides heat dissipation. The EN to heading 7019, HTSUSA (fiberglass), references this type of merchandise, while no reference exists in the Notes to Chapter 74.

It is our opinion, based upon the construction of the yarn, that Style 9155 is classifiable as "of fiberglass." The glass not only constitutes the majority of this item, but makes up its entire core. The wire merely wraps around the fiberglass one time, and the cost differential is not as great as the fiberglass/Inconnel yarn classified as "of nickel" in HRL 086433 of July 27, 1990. Therefore, as the essential character of the yarn is imparted by the fiberglass, the yarn must be classified in Chapter 70.


As a result of the foregoing, the instant merchandise is classified as follows:
under subheading 7019.10.1000, HTSUSA, textile category 201, as glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), slivers, rovings, yarn and chopped strands, yarns, not colored. 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 5.9 percent ad valorem; otherwise, the applicable general rate of duty is 7.4 percent ad valorem.

Styles 08418-9019, 08455-2100, 08418-5017 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.

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 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.


John Durant, Director
Commercial Rulings Division

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