Modification of PCR 870284; textile products and articlesfor technical uses; man-made filament yarn; braided packingmaterial; GRI 2(a); incomplete; unfinished.

HQ 952077 February 23, 1993 CLA-2 CO:R:C:T 952077 CRS CATEGORY: Classification TARIFF NO.: 5911.90.0000 Lisa Levaggi Borter, Esq. Adduci, Mastriani, Meeks & Schill 330 Madison Avenue New York, NY 10017 RE: Modification of PCR 870284; textile products and articles for technical uses; man-made filament yarn; braided packing material; GRI 2(a); incomplete; unfinished. Dear Ms. Borter: This is in reply to your letter of June 19, 1992, on behalf of AKZO Fibers, Inc., in which you requested a reconsideration of pre-classification ruling (PCR) 870284 dated January 9, 1992. Samples of the merchandise in question were submitted with your ruling request. FACTS: The merchandise in question consists of two styles of 100 percent aramid, singles textured untwisted filament yarns, item nos. 1030 and 1031. The yarns have a tenacity of 1950 cN/tex, the individual filaments of which have been impregnated with a polytetrafluoroethylene (PFTE) solution. The coating lubricates and strengthens the yarns which, after importation, are braided into packing material used in pumps. The yarns are manufactured in Germany. In PCR 870284 the instant merchandise was classified in subheading 5402.32.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). However, you contend that the instant yarns are properly classifiable as textile articles and products for technical uses. ISSUE: The issue presented is whether the instant yarns, which are braided after importation, have the essential character of finished braided packing material such that they are classifiable as textile products and articles for technical uses. LAW AND ANALYSIS: Heading 5911, HTSUSA, provides for certain textile products and articles for technical uses as specified in note 7, Chapter 59, HTSUSA. Note 7 provides in pertinent part 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. In Headquarters Ruling Letter (HRL) 086433 dated July 27, 1990, we stated in pertinent part: By using the locution "cords, braid 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 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 yarn 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 the 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. Customs continues to adhere to the rationale set forth in HRL 086433. See also HRL 085813 dated January 10, 1990; HRL 086434 dated August 13, 1990;; HRL 086435 dated July 13, 1990; HRL 086496 - 086500 dated March 29, 1990; and HRL 085417 dated October 30, 1989. The yarns at issue are spun to make braided packing materials, and constitute the only input used in the manufacture of the braided packing material. Accordingly, the instant yarns have the essential character of finished packing material. HOLDING: The merchandise in question is classifiable in subheading 5911.90.0000, HTSUSA, under the provision for other textile products and articles for technical uses, and is dutiable at the rate of 7.5 percent ad valorem. Pursuant to section 177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), PCR 870284 dated January 9, 1992, is modified in conformity with the foregoing. Sincerely, John Durant, Director