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HQ 089145


August 2, 1991

CLA-2 CO:R:C:T 089145 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 5509.31.0000; 5607.50.2000

Mr. Matthew Chang
Assistant Vice President
C. Itoh & Co. (America) Inc.
335 Madison Avenue
New York, NY 10017

RE: Impregnated yarns and cords used to absorb sea water in fiber optic cables are not cords for technical uses. Acrylic; resin; visible; naked; eye

Dear Mr. Chang:

This is in reply to your letter of April 3, 1991, concerning the tariff classification of impregnated yarn, produced in Japan, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of three types of impregnated yarns, article number S-YAN, at 40,000, 20,000, and 5,000 denier. Each yarn, constructed of 100% spun acrylic, contains an S-twist. The 5,000 denier yarn is single ply, the 20,000 denier yarn is 4-ply, and the 40,000 denier yarn is 8-ply. All yarns have been impregnated with acrylic resin. The yarns are incorporated within under-sea fiber optic cables; the impregnation allows the yarns to absorb sea water and thus protect the fiber optics.

ISSUE:

Whether these yarns are considered coated under the HTSUSA?

LAW AND ANALYSIS:

Heading 5604, HTSUSA, provides for, inter alia, textile yarn impregnated, coated, covered or sheathed with rubber or plastics. The General Rules of Interpretation (GRIs) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part, that:

... 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. Note 4 to Chapter 56, HTSUSA, states:

Heading 5604 does not cover textile yarn, ...in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55); for the purpose of this provision, no account should be taken of any resulting change in color.

The wording of Note 4 ("cannot be seen with the naked eye") is a clear expression by the drafters of the Harmonized System that a significant, if not substantial, amount of material must be added to a yarn it to be considered impregnated, coated, covered or sheathed. The plastics material added to the yarn must be visibly distinguishable from that yarn. Any change in the "feel" of the material is not taken into account. In essence, the plastics coating must alter the visual characteristic of the yarn in order for the yarn to be considered coated with plastics.

Applying the statutory test to the submitted samples, using normally corrected vision in a well lighted room, we cannot discern any visible coating applied to the yarns. Heading 5604, HTSUSA, is therefore inapplicable.

5000 Denier Yarn

Heading 5509, HTSUSA, provides for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale. This heading prima facie describes the merchandise at issue.

20,000 & 40,000 Denier Yarns

Note 3(A)(b) to Section XI, HTSUSA, states that yarns (single, multiple (folded) or cabled) of man-made fibers, measuring more than 10,000 decitex, are to be treated as "twine, cordage, ropes and cables." Heading 5607, HTSUSA, provides for these items, whether or not impregnated, coated, covered or sheathed with rubber or plastics. This heading prima facie describes the merchandise at issue.

Heading 5911, HTSUSA, provides for textile products and articles for technical uses. Note 7 to Chapter 59, HTSUSA, states:

Heading 5911 applies to the following
goods, which do not fall in any other heading of section XI:

(a) Textile products in the piece, cut to length or simply cut to rectangular
(including square) shape (other than those having the character of the products of headings 5908 to 5910
[wicks, hosepiping and belting], the following only:

(vi) Cords, braids and the like, whether or not coated, impregnated or reinforced with metal, of a kind used in industry as packing and lubricating materials;

Although the items at issue clearly meet the first two qualifications of Note 7(a)(vi), supra, they are protective components, not packing or lubricating materials. Therefore, per Note 7, they cannot be classified under heading 5911, HTSUSA.

HOLDING:

As a result of the foregoing, the instant merchandise is classified as follows:

5,000 Denier Yarn

... under subheading 5509.31.0000, HTSUSA, textile category 604, as yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale, containing 85 percent or more by weight of acrylic or modacrylic staple fibers, single yarn. The applicable rate of duty is 11 percent ad valorem.

20,000 & 40,000 Denier "Yarns"

... under subheading 5607.50.2000, HTSUSA, textile category 201, as twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics, of other synthetic fibers, not braided or plaited. The applicable rate of duty is 27.6/kg + 15 percent ad valorem.

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 negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available 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 importing the merchandise to determine the current status of any import restraints or requirements.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


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