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HQ 083587

MAY 2, 1989

CLA-2 CO:R:C:G 083587 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.90, 5407

Mr. Jorg B. Hipp
Beratex of Canada Ltd.
P. O. Box 333, Etobicoke
Toronto, Ontario
Canada

RE: Classification of liners used in tire manufacturing

Dear Mr. Hipp:

This ruling is in response to your letter of January 4, 1989, requesting a ruling on the tariff status of certain liners used in the manufacture of tires.

FACTS:

The submitted samples are plain woven textile fabrics made from continuous polyethylene monofilaments. The monofilaments are produced by slitting a polyethylene film into strips and then stretching those strips until they are less than 1 millimeter in cross-sectional diameter. The merchandise is in the size and shape of the finished product as it comes off the loom. However, after it emerges from the loom, the liners must still be subjected to two manufacturing processes--(1) heat setting to stabilize the fabric, and (2) heat sealing the edges to prevent fraying.

The merchandise will be imported in lengths which vary from 20 yards to 650 yards and in widths of both less than and more than 30 centimeters. They are manufactured to size and never cut. The liners are used to prevent layers of dipped tire fabric from sticking together during the tire manufacturing process.

ISSUE:

The issue presented is whether the instant merchandise is classifiable under the provisions for other "made up" articles or under the provisions for woven fabrics?

LAW AND ANALYSIS:

Note 7 to Section XI, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), states in pertinent part:

7. For the purposes of this Section, the expression "made up" means:

(b) Produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, table cloths, scarf squares,blankets);

The Explanatory Notes to the Harmonized Commodity Description and Coding System, the official interpretation of the HTSUSA at the international level, elaborate somewhat on note

Goods of this kind include products knitted or crocheted directly to shape and certain dusters, towels, table cloths, scarf squares, blankets, etc., with threads along the warp left unwoven or the weft edges cut to form a fringe. Such articles may have been woven separately on the loom, but may also have been simply cut from lengths of fabric which have bands of unwoven threads (generally warp threads) at regular intervals.

The implication that may be taken from the Explanatory Notes is that the merchandise, to be considered "Produced in the finished state," must be complete (except for possibly the cutting of dividing threads) as it comes off the loom. However, the Explanatory Notes do not clearly require that implication. Note 7(b) only requires that for goods to be "made up" for purposes of Section XI, those goods must be finished and ready for use. No limitation is placed on the word "Produced". Accordingly, there is no authority to hold that the word "Produced" in Note 7(b) is limited in scope to merchandise in its condition as it leaves the loom or knitting machine and that any other manufacturing process performed on that merchandise will remove it from the purview of that note. We interpret the word "Produced" in Note 7(b) to refer to the condition of the merchandise at the time of importation.

The liners are considered to be "made up", pursuant to Note 7(b), and are described by two 4-digit headings--Heading 5407, in Chapter 54, HTSUSA, which provides for woven fabrics of synthetic filament yarn, and Heading 6307, in Chapter 63, HTSUSA, which provides for other made up articles.

General Rule of Interpretation (GRI) 3(a), HTSUSA, provides, in essence, that where goods are classifiable in two or more headings, of which only one, or none, refers to materials or substances in mixed or composite goods, the heading which is most specific will govern. Since "made up" articles are limited to fabrics which meet the requirements of Note 7, Heading 6307 is more specific than Heading 5407 and, therefore, the liners are classifiable under Heading 6307. This conclusion is supported by the Explanatory Notes, at page 711, which state that goods made up within the meaning of Note 7 to Section XI are excluded from classification in Chapters 50 to 55.

HOLDING:

The polyethylene liners described in the facts portion of this ruling are classifiable under the provision for other made up articles, in Subheading 6307.90.9030, HTSUSA.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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