HQ 086498: NYRL 834679 revoked. Coated yarn for braided valve stempacking material of man-made fiber and glass and wire is textilearticle for technical uses with essential character imparted byman-made fibers. PBI; inconnel; preox carbon

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 086498

                          March 29, 1990




CLA-2 CO:R:C:G  086498  HP

CATEGORY:  Classification

TARIFF NO.:  5911.90.0000

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

RE:  NYRL 834679 revoked. Coated yarn for braided valve stem
packing material of man-made fiber and glass and wire is textile
article for technical uses with essential character imparted by
man-made fibers. PBI; inconnel; preox carbon

Dear Ms. Williams:

     This is in reply to your letter of January 29, 1990,
requesting reconsideration of NYRL 834679 of January 5, 1989.
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, code 08455-1408 and code M455-
1416, consists of yarn to be used to manufacture braided stem
packing for pumps.  Code 08455-1402 is not subject to this
reconsideration.  The yarns are composed of:

          08455-1408                          M455-1416
    Item          % by Weight          Item          % by Weight

Glass Fila-           33.6         Glass Fila-            21
ment                               ment

Texturized            22.4         Texturized             11
Glass Fila-                        Glass Fila-
ment                               ment








Preox Carbon          44.0         .008 In-               44
  (Oxidized                        connel Wire
 Polyacrylo-
nitrile
   Fiber)

                                   PBI Fiber              24
     The textile cordage is manufactured as packaging for pumps
and valves.  The textile components of the cordage are mixed with
various other materials to generate chemical abrasion and/or heat
resistance.

     In NYRL 834679, our New York office classified code 08455-
1408 under subheading 7019.10.2000, Harmonized Tariff Schedule of
the United States Annotated (HTSUSA), as yarn of glass fibers,
and code M455-1416 under subheading 5607.50.2000, HTSUSA, as
cordage of synthetic fibers.

ISSUE:

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

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 re-
sembles, 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 app-
               licable.

     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.

     We stated in NYRL 839393 of April 14, 1989:

          The PBI spun fibers ... are synthetic fibers
          made by Celanese Corporation that are used as
          a high temperature substitute for asbestos.
          The PBI fibers are expensive high performance
          fibers in the PBI/glass blend yarns, and we
          believe that the PBI fibers give the yarns
          their essential character.

We agree.  It is our opinion, therefore, that the essential
character of code M455-1416 is imparted by man-made fibers.

     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 mater-
ial.  Accordingly, the essential character of the samples was
found to be imparted by the man-made fibers.

     With respect to code 08455-1408, not only do the man-made
fibers still provide the sealing capacity for the packing mater-







ial, the man-made fibers now represent 44% by weight, and a
significantly greater proportion by value, of the yarn.  Follow-
ing the analysis in our previous rulings, 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 per-
cent ad valorem; otherwise, the general rate of duty is 7.5
percent ad valorem.

     The designated textile and apparel category may be sub-
divided into parts.  If so, visa and quota requirements app-
licable 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 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 re-
straint (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 require-
ments.

     This notice to you should be considered a modification of
NYRL 834679 of January 5, 1989, as to the merchandise described
as codes 08455-1408 and M455-1416, under 19 C.F.R.  177.9(d)(1)
(1989).  It is not to be applied retroactively to NYRL 834679 (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 834679 will not be valid prece-
dent.  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
086498 will be classified under the new ruling.  If such a situa-
tion 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