NY 0859532 - The tariff classification of glass fiber blend woven fabrics from Canada. - United States International Trade Commision Rulings

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NY 859532

FEB 05 1991

CLA-2-70:S:N:N3H:352 859532

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.20.2000; 7019.20.5000

Ms. Ann M. Williams
A.N. Deringer, Inc.
30 West Service Road
Champlain, New York 12919

RE: The tariff classification of glass fiber blend woven fabrics from Canada.

Dear Ms. Williams:

In your letter dated January 15, 1991, on behalf of your client Garlock du Canada Ltd., you requested a tariff classification ruling.

Two samples of woven fabric were submitted with your correspondence. The first, identified as style 9A110 code 02415- 2252, is a plain woven fabric composed of 87% filament glass fibers, 10% Kevlar and 3% rayon. It contains 14 warp ends and 12 filling picks per inch. Each yarn consists of a core of two filament glass yarns around which is spun the Kevlar and rayon fiber. One of the core glass yarns is white(its natural color) while the other has been coated which colors the glass a deep brown. The fabric is colored yellow. Your letter indicates that this product will be used to manufacture flue duct expansion joints.

The second sample, identified as style 10M160C Glass/Cotton cloth code 02414-2252, is a plain woven fabric composed of 37.5% filament fiberglass, 16% staple fiberglass, 12.5% cotton, 7.9% viscose rayon and reinforced with brass wire which represents 26.1 % of the weight of the fabric. It contains 19 warp ends and 9 filling picks per inch. It is constructed with a two ply yarn in the warp and a single ply yarn in the filling. A brass wire reinforces the yarns in both the warp and filling and represents the core of the yarns. Your correspondence indicates that this product will be used to manufacture gaskets which will be used in boilers. The fiberglass functions as a heat resistent material while the brass wire strengthens the product and assists in the dissipation of heat.

Since these products are composite goods manufactured from materials classifiable in different Chapters of the Harmonized Tariff Schedules, General Interpretive Rule 3(b) instructs that the composite good is classifiable as if it consisted of the material which gives it its essential character. Based on the quantities present, their value and their function, the glass fiber gives both these fabrics their essential character.

The applicable subheading for the fabric designated as style 9A110 will be 7019.20.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), woven fabrics, including narrow fabrics, other, colored. The rate of duty will be 11.1 percent ad valorem.

The applicable subheading for the fabric designated as style 10M160 will be 7019.20.2000, HTS, which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), woven fabrics, including narrow fabrics, other, not colored. The rate of duty will be 8.3 percent ad valorem.

Goods classifiable under subheading 7019.20.2000, HTS, which have originated in the territory of Canada, will be entitled to a 5.8 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 7019.20.5000, HTS, which have originated in the territory of Canada, will be entitled to a 7.7 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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,

Jean F. Maguire
Area Director

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