HQ 087474: Coated yarn for braided valve stem packing material of man-made fiber and glass is textile article for technical uses withessential character imparted by man-made fibers. Kevlar; aramid

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 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
                   COMMERCIAL RULINGS DIVISION