HQ 086500: NYRL 833626 revoked. Coated yarn for braided valve stempacking material of man-made fiber and glass and Teflon istextile article for technical uses with essential characterimparted by man-made fibers.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 086500

                          March 29, 1990




CLA-2 CO:R:C:G  086500  HP

CATEGORY:  Classification

TARIFF NO.:  5911.90.0000

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

RE:  NYRL 833626 revoked. Coated yarn for braided valve stem
packing material of man-made fiber and glass and Teflon  is
textile article for technical uses with essential character
imparted by man-made fibers.

Dear Ms. Williams:

     This is in reply to your letter of January 29, 1990,
requesting reconsideration of NYRL 833626 of December 13, 1988.
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.

FACTS:

     The merchandise at issue, Style Synthepak II TFE 150 coated,
code 08458-0100, and Style 830 CD 038 dry, code 08455-1413,
consists of yarn to be used to manufacture braided stem packing
for pumps.  Code 08148-9049 is not subject to this reconsidera-
tion.  The yarns are composed of:

          08458-0100                         08455-1413
    Item          % by Weight          Item          % by Weight

Acrylic               10.3         Fiberglass            52.5
Staple                             Continuous
non-                               Fiber
continuous
Fiber








Viscose               6.9          Pre-oxidized          47.5
Staple                             Car-
non-                               bon non-
continuous                         continuous
Fiber                              Fiber

Glass                 22.8
Continuous
Fiber

Liquid Tef-           60.0
lon
     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.

     In NYRL 833626,  our New York office classified  code 08458-
0100 under subheading 3926.90.9050, Harmonized Tariff Schedule of
the United  States  Annotated  (HTSUSA),  as  other  articles  of
plastics,  and  code  08455-1413  under  subheading 7019.10.2000,
HTSUSA, as colored yarns of glass fibers.

ISSUE:

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

LAW AND ANALYSIS:

     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 resem-
bles,  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
               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 are now 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 opin-
ion, therefore,  that  the essential  character  of the  yarn  is
imparted by man-made fibers.

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

     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 agree-
ments 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
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.

     This notice to  you should be  considered a modification  of
NYRL 833626 of December 13, 1988, as to the merchandise described
as codes 08458-0100 and 08455-1413, under 19 C.F.R.  177.9(d)(1)
(1989).  It is not to be applied retroactively to NYRL 833626 (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  833626  will  not  be  valid
precedent.    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 086500 will  be classified under  the new ruling.
If such a situation  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.


                            Sincerely,


                      JOHN DURANT, DIRECTOR
                   COMMERCIAL RULINGS DIVISION