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HQ 088363


August 14, 1991

CLA-2 CO:R:C:M 088363 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6815.10.00; 7019.20.50

John B. Pellegrini, Esq.
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608

RE: Fabric of carbon/glass fibers; Heading 7019; Heading 6815; General Rule of Interpretation 2(b); General Rule of Interpretation 3; General Rule of Interpretation 3(b), Explanatory Note (VIII); Encyclopedia of Textiles, Fibers and Nonwoven Fabrics; McGraw-Hill Encyclopedia of Science and Technology; Van Nostrand's Scientific Encyclopedia.

Dear Mr. Pellegrini:

Your letter of August 15, 1990, requesting the tariff classification of fabrics made of carbon and glass fibers has been forwarded to this office for reply.

FACTS:

The style G874 is a plain weave fabric comprised by weight of 32% carbon fibers and 68% glass fibers. The carbon fibers represent approximately 81% of the value and the glass fibers 19%. The carbon fibers have a PSI rating of 511,850 pounds, a Mega Pascal (MPa) rating of 3,530 newtons/sq meter and a specific gravity of 1.79g cm3. The glass fibers have PSI and MPa ratings of 319,000 pounds and 2,200 newtons/sq meter and a specific gravity of 2.54g/cm3.

The style G973 is a woven fabric in a twill 2/2 weave. The fabric is comprised by weight of 50% carbon fibers, 36% glass fibers, and 14% polyester fibers. The relative values of the fibers are carbon, 89%: glass, 8%; and polyester, 3%.

Each of the subject fabrics were developed for use in the aircraft industry. They are designed to replace metal for the
purpose of reducing weight factors. The fabrics are used as layers in laminates which are impregnated with resins and other plastics, and then molded into desired shapes such as interior walls of aircraft or exterior wheel well doors.

ISSUE:

Whether the subject fabrics are properly classifiable within subheading 6815.10.00, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for nonelectrical articles of graphite or other carbon; or within subheading 7019.20.50, HTSUSA, which provides for colored woven fabrics of glass fibers.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA 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.

Heading 7019, HTSUSA, provides for glass fibers and articles thereof. G874 is partially composed of glass fibers which satisfy the terms of this heading. More specifically, the subject glass fibers are described in subheading 7019.20.50, HTSUSA, as colored woven fabrics. However, G874 is also composed of carbon fibers which do not satisfy the terms of heading 7019, HTSUSA. Accordingly, G874 is not properly classifiable within this heading based on the terms of this heading.

Heading 6815, HTSUSA, provides for articles of stone or other mineral substances, not covered by the earlier headings of this Chapter and not included elsewhere in the Nomenclature. G874 is partially composed of carbon fibers which satisfy the terms of this heading. More specifically, the subject carbon fibers are described in subheading 6815.10.00, HTSUSA, which covers nonelectrical articles of natural or artificial graphite or other carbon. However, the subject glass fibers discussed previously do not satisfy the terms of heading 6815, HTSUSA. Accordingly, G874 is also not properly classifiable within this heading based on the terms of this heading.

GRI 2(b) states that any reference in a heading to a material or substance shall be taken to include a reference to mixtures or combinations of that material or substance with other materials or substances. G874 satisfies this rule. It is a plain weave fabric composed of a combination of carbon and glass fibers. The classification of these articles shall be determined according to GRI 3.

GRI 3(a) requires that the heading which provides the most specific description of an article shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods, those headings are to be regarded as equally specific in relation to those goods. In this instance, heading 7019 refers to the glass fibers and heading 6815 refers to the carbon fibers. Accordingly, these two headings are equally specific in relation to G874.

GRI 3(b) requires mixtures or composite goods consisting of different materials, which cannot be classified by reference to 3(a), to be classified as if they consisted of the material or component which gives them their essential character. The factor which determines essential character will vary as between different kinds of goods. Harmonized Commodity Description and Coding System Explanatory Notes (ENs), GRI 3(b) (VIII). 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. ENs GRI 3(b) (VIII). The Explanatory Notes are not dispositive, but they provide a commentary on the scope of each heading and offer guidance for interpretation of the HTSUSA. H. Conf. Rep. No. 576, 100th Cong., 2d Sess., 549, reprinted in 1988 U.S. CODE CONG. & ADMIN. NEWS 1582. In this case, the glass fibers comprise 68% of the weight and the carbon represents approximately 81% of the value of the fabric. The use of either one of these factors in determining essential character would provide conflicting results. Accordingly, we find that these two factors negate each other in this case. Instead, we find that neither one of these materials give the fabric its essential character because they are each essential for the fabric's use.

It is argued that the carbon fibers imparts the essential character to the G874 because they give the fabric the required strength characteristics needed for the aircraft industry. While the subject carbon fiber has a greater strength ratio than that of the glass (511,850 pounds to 319,000 pounds), the weight of the glass in the material is more than double that of the carbon. This weight advantage would actually give the glass more total strength in this instance. Therefore, we do not agree that the strength characteristics of the carbon fibers in this case imparts the essential character to the G874.

This above conclusion regarding the strength characteristics of the fibers and essential character determination is also supported by other factors. You state that the fabrics "were developed to replace metal for the purposes of reducing weight factors". Thus, weight would certainly be an important factor in
determining essential character. As stated previously, the glass fibers comprise 68 percent of the weight of the G874. In addition, glass fibers are also used for their strength characteristics, as well as nonflammability and heat resistance. Encyclopedia of Textiles, Fibers and Nonwoven Fabrics, edited by M. Grayson, 130 (1984). See also McGraw-Hill Encyclopedia of Science and Technology, (6th ed.), vol. 8, 127, (1987). Van Nostrand's Scientific Encyclopedia, (7th ed.), vol. 1, 1133-37, (1988). Accordingly, we do not agree with your statement that the glass fibers are "present principally to complete the weave". Instead, the glass fibers possess characteristics which are important for the fabric's use.

GRI 3(c) requires that goods which cannot be classified by reference to GRI 3(a) or 3(b) to be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this instance, headings 6815 and 7019 equally merit consideration because both the glass and carbon fibers impart the essential character to the fabric. Accord- ingly, this rule requires G874 to be classified under heading 7019, HTSUSA. More specifically, G874 is classifiable within subheading 7019.20.50, HTSUSA, which provides for colored woven fabrics of glass fibers.

G973 is a woven fabric in a twill 2/2 weave. It is comprised by weight of 50% carbon fibers, 36% glass fibers and 14% polyester fibers. This fabric is also used in aircraft construction but in external applications, such as wheel well doors. This combination fabric would be subject to a similar type of GRI 3 analysis as the G874. However in this instance, the carbon fibers comprise 50% of the weight and 89% of the value of the fabric. Based on these factors, the essential character of this fabric would be imparted by the carbon fibers. Accord- ingly, this determination requires the G973 to be classified within subheading 6815.10.00, HTSUSA, as a nonelectrical article of graphite or carbon.

HOLDING:

The G874 fabric is classifiable within subheading 7019.20.50.00, HTSUSA, which provides for colored woven fabric of glass fibers, currently dutiable at the rate of 11.1 percent ad valorem and subject to quota category 622.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) 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.

The G973 fabric is classifiable within subheading 6815.10.00, HTSUSA, which provides for nonelectrical articles of graphite or carbon, currently dutiable at the rate of 4.9 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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