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HQ 958760

January 7, 1997

CLA-2:RR:TC:TE 958760 DHS


TARIFF NO.: 5609.30.3000

Mr. R. B. McKenny
C.S. Emery & Company
6 Maple St.
Derby Line, VT 05830

RE: Modification of NY 854704; Classification of Pintlepin Assemblies

Dear Mr. McKenny:

This is in reference to NY 854704, dated March 25, 1994, issued to you by the former Area Director, New York Seaport, concerning the classification of pintlepin assemblies. That ruling was issued in response to your letter of July 18, 1990, on behalf of Lippert Pintlepin Mfg. Inc.. We have reconsidered this ruling and determined that it is partially incorrect.

NY 854704 is modified in accordance with section 177.9(d) of the Customs Regulations (19 CFR 177.9(d)). Pursuant to section 625(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), notice of the proposed modification of NY 854704 was published on November 20, 1996, in the Customs Bulletin, in Volume 30, No. 47. This ruling sets forth the classification of the pintlepin assemblies.


The following information was contained in NY 854704.

The pintlepin assemblies consist of lengths of monofilament of nylon, polyester or polyetheretherketone (peek) which are connected by a small piece of brass or stainless steel tubing to a length of stainless steel wire which comes to a point like a needle. The monofilament varies in width from .30 mm to 3.05 mm and is sometimes covered
by a textile braid of Nomex or nylon. The monofilament varies in length from 3 feet to 40 feet, the stainless steel wire leader may be the same length as the monofilament or it may be shorter. The pintlepin assemblies are used to close seams on dryer felts, conveyor belts and other technical use belts used primarily in the paper making industry. The metal leader and tubing is cut off and discarded after leading the monofilament through the seam of the felt or belt.


Whether pintlepin assemblies are classifiable under the provision for articles of yarn, or strip or the like of heading 5404 through 5405, in heading 5609, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), because of Section XI Note 8, HTSUSA.


In NY 854704, the pintlepin assemblies in question were classified under heading 5404 and 5808, specifically:

Pintlepin assemblies derived from monofilaments that do not exceed 1 mm in any cross-sectional dimension and are not covered by a braid - of nylon - 5404.10.2020, HTSUSA, (5404.10.8020, 1996 schedule) of polyester - 5404.10.2040, HTSUSA
(5404.10.8040, 1996 schedule) of peek - 5404.10.2090, HTSUSA
(5404.10.8080, 1996 schedule).
The applicable article description will be synthetic monofilament of 67 decitex or more and of which no cross-section dimension exceeds 1 mm, ... , monofilament, other.

Pintlepins assemblies derived from monofilament covered by a textile braid - 5808.10.3010 HTSUSA (5808.10.4000, 1996 schedule). This subheading provides for braids in the piece, other, of cotton; of man-made fibers.

In HQ 956099, dated March 25, 1994, we held that the pintlepin assemblies are properly classifiable in heading 5609 HTSUSA (specifically subheading 5609.00.30000, HTSUSA, of man-made fibers) as "articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included." HQ 956099 concluded that the monofilament imparts the essential character to the pintlepins and determines
their classification. The wire and tubing are cut off and discarded after leading the monofilament through the seam of the felt or belt; therefore, merely facilitating the installation of the monofilament.

The analysis applied to the pintlepin assemblies in HQ 956099 is equally applicable to the articles under consideration, since the description of the pintlepin assemblies in question is identical to those in HQ 956099, with the exception of the physical dimensions and the addition of the braided monofilament.

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. GRI 1 does not apply to this case because the pintlepin assemblies consist of more than one material and therefore, are more accurately governed by another GRI.

GRI 2(a) is not applicable in this situation. GRI 2(b) provides that a reference to a material in a heading shall be taken to include mixtures or combinations of that material with other materials and that any reference to goods of a given material shall be taken to include goods partly of that material; if goods consist of more than one material, then classification will be according to GRI 3.

Pursuant to GRI 2(b), the classification of the pintlepin assemblies are determined by GRI 3, since the pintlepin assemblies are made from three different materials and there is no eo nomine provision which specifically provides for pintlepin assemblies.

GRI 3(a) is inapplicable because two or more headings each refer to part only of the pintlepin assemblies. Subheading 7326.20, HTSUSA, provides for other articles of steel wire and subheading 5609.00 provides for articles of yarn or strip of heading 5404. We therefore, apply GRI 3(b), HTSUSA, which states, in relevant part, that composite goods consisting of different materials or made up of different components, shall be classified as if consisting of the material or component which gives them their essential character. The textile, the monofilament of nylon, polyester or polyetheretherketone, provides the essential character of the pintlepin assemblies. The brass or stainless steel tubing and the stainless steel wire are merely conduits to apply the monofilament.

Section XI, Note 7, HTSUSA, provides that the expression "made up" means, among other things, "assembled by sewing, gumming
or otherwise." This definition was applied in HQ 956099 to conclude that pintlepin assemblies which consist of three components combined into a single unit are "made up."

Section XI, Note 8, HTSUSA, states, "Chapters 50-55 . . . do not apply to goods made up within the meaning of note 7 above." Accordingly, pintlepin assemblies cannot be classified under a subheading in chapter 54.

In accordance with the above analysis, the pintlepin assemblies in question are properly classified under heading 5609, HTSUSA, in subheading 5609.00.3000, HTSUSA, as "articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included."

Heading 5609, HTSUSA, remains inapplicable to the pintlepin assemblies of nylon, polyester or peek monofilaments which are not covered by a braid and the dimensions of the monofilaments exceed 1 mm in diameter since Section XI, Note 1(g) specifically precludes them from this section because their dimensions exceed 1 mm.


Under the authority of GRI 3(b), the pintlepin assemblies are provided for in heading 5609 and classified in subheading 5609.00.30000, HTSUSA, which provides for "articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included."

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 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 internal issuance of the U.S. Customs service, which is available for inspection 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 applicability of any import restraints or requirements.

In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).


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