The classification of a shaping pad for hot glass made of graphite felt, woven cotton and newspaper from Canada.

NY D80915 November 17, 1998 CLA-2-68:RR:NC:N2:237 D80915 CATEGORY: Classification TARIFF NO: 6815.10.0000 Ms. Linda Campanian A.N. Deringer, Inc. P.O. Box 510 Sweetgrass, MT 59484 RE: The classification of a shaping pad for hot glass made of graphite felt, woven cotton and newspaper from Canada. Dear Ms. Campanian: In your letter dated July 24, 1998 you requested a tariff classification ruling. The Gott Steamer is described as a shaping pad used in the glass industry. Measuring 7.75 inches square, the sample consisted of a layer of graphite felt sewn on two sides to a layer of woven cotton fabric, forming a pocket into which a layer of folded newspaper was inserted. The Gott Steamer is soaked in water, picked up in the hand, and used to shape the surface of hot semi-molten glass. The wet graphite and the layer of steam, formed on contact with the hot glass, protects the glass from scarring. The wet newspaper, folded into 250 layers, serves as a water reservoir and a thermal barrier. The cotton layer holds the newspaper in place and allows excess moisture to drain away. Lab analysis indicated a composition by weight of 71% graphite felt and 29% woven cotton, exclusive of the folded paper. Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes, and unless otherwise required, according to the remaining GRI's taken in order. GRI 3(b) is relevant to the classification of the instant product and provides: 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), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. Explanatory Note (VIII) to GRI 3(b) provides: The factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. In this instance, each component is an integral part of the whole, but one component, the graphite felt, plays a significantly greater role and weighs significantly more than any other component. Therefore, we believe the graphite felt is the component which imparts the essential character of the product. Subheading 6815.10.00, HTSUS, provides for nonelectrical articles of graphite or other carbon. Graphite felt is the material or component which gives the Gott Steamer its essential character and the product is a nonelectrical article not specifically provided for elsewhere. Therefore, applicable subheading for the Gott Steamer as is described as a shaping pad will be 6815.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonelectrical articles of graphite or other carbon. The rate of duty is 1 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist F. Cantone at 212-466-5488. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division