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HQ 083989


JULY 18, 1989

CLA-2 CO:R:C:G 083989 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.31.0000; 5911.32.0000

David Frantz, Esquire
Conlon, Frantz, Phelan & Knapp
1818 N Street N.W., Suite 200
Washington, D.C. 20036

RE: Classification of Fourdrinier Wires

Dear Mr. Frantz:

This ruling is in response to your letters of February 14 and March 20, 1989, concerning the tariff status of "plastic" fourdrinier wires.

FACTS:

No samples were submitted. However, we understand, and assume for the purposes of this ruling, that the "plastic" wires are actually monofilaments that do not exceed 1 millimeter in cross-sectional dimension.

Fourdrinier wire is an endless belt suitable for use on a fourdrinier paper making machine. Originally, fourdrinier wire was made from metal. However, recently synthetic monofilaments have replaced the metal wires.

ISSUE:

The issue presented is how is fourdrinier wire, which consists of monofilaments of less than 1 mm in diameter, classified under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

LAW AND ANALYSIS:

The inquirer states that fourdrinier wires should be classified under Headings 7314 and 7414, HTSUSA. However, those provisions are applicable only to fourdrinier wire of iron or steel, or of copper, respectively. Accordingly, they are not applicable to the subject merchandise.

Heading 5911, HTSUSA, provides for textile fabrics and articles, for technical uses, as specified in Note 7 to Chapter 59, HTSUSA. Note 7 provides that Heading 5911 applies to, among other things, endless textile articles of a kind used in papermaking or similar machines.

Note 1(g), Section XI (wherein Chapter 59 is located), HTSUSA, provides that Section XI does not include monofilaments "of which any cross-sectional dimension exceeds 1 mm". In accordance with that note, monofilaments which exceed 1 mm in cross-sectional dimension are classifiable according to their component material--if of plastics, in Chapter 39, HTSUSA. Since the fourdrinier wire which is the subject of this ruling is assumed to be composed of monofilaments which do not exceed 1 mm in cross-sectional dimension, those monofilaments are textile materials for tariff purposes and an article of that material is a textile article.

HOLDING:

Without a sample of the merchandise to be imported, we are unable to determine with certainty its classification. However, it would appear that the merchandise is classifiable under the Subheading for textile fabrics, endless or fitted with linking devices, of a kind used in papermaking or similar machines, in either 5911.31.0000, HTSUSA, if weighing less than 650 grams per square meter, or in 5911.32.0000, HTSUSA, if weighing 650 grams or more per square meter.

Requests for statistical annotations specifically naming fourdrinier wires under those two classifications should be addressed to the International Trade Commission, ATTN: Mr. Eugene Rosengarden, 500 E Street S.W., Washington, D.C. 20436.

Sincerely,

John Durant, Director

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