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HQ 950018

October 10, 1991

CLA-2 CO:R:C:M 950018 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8309.90.00

Mr. Joseph P. Kelly
Stoffel Seals Corporation
400 High Avenue
P.O. Box 825
Nyack, NY 10960

RE: Sealing Wire

Dear Mr. Kelly:

This is in response to your letter of July 23, 1991, concerning the classification of sealing wire under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The subject merchandise is sealing wire, made from drawn, galvanized steel wire. It is produced by winding one wire around another wire (core wire). The form of the sealing wire is in cut lengths, six and eight inches, 1,000 pieces per bundle. In use, the wire is passed around, or through, the item to be sealed, and is then secured in place with a "selflok" seal.

ISSUE:

What is the proper classification of the sealing wire under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

Subheading 8309.90.00, HTSUSA, provides for: "[s]toppers, caps and lids (including crown corks, screw caps and pouring stoppers), capsules for bottles, threaded bungs, bung covers, seals and other packing accessories, and parts thereof, of base metal: [o]ther." In understanding heading 8309, HTSUSA, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989). Explanatory Note 83.09 (p.1125), HTSUSA, provides that: "[t]he heading covers a range of articles of base metal (often with washers or other fittings of plastics, rubber, cork, etc.) used for corking or capsuling drums, barrels, bottles, etc., or for sealing cases or other packages." Specifically, Explanatory Note 83.09, HTSUSA, includes:

(6) Special wire fittings as used to secure the corks of bottles of champagne, etc.

(9) Fastenings for sealing bags, sachets or similar containers, consisting of one or two steel wires sandwiched between two strips of plastics or two strips of paper.

The subject merchandise, as described by the importer, greatly resembles the examples given under Explanatory Note 83.09, HTSUSA. Since the use of the wire is for sealing purposes, it is classifiable under subheading 8309.90.00, HTSUSA. It should also be pointed out that heading 8309, HTSUSA, includes a provision for parts of seals.

HOLDING:

The sealing wire is classifiable under subheading 8309.90.00, HTSUSA, which provides for: "[s]toppers, caps and lids (including crown corks, screw caps and pouring stoppers), capsules for bottles, threaded bungs, bung covers, seals and other packing accessories, and parts thereof, of base metal: [o]ther." The general, column one rate of duty is 5.2 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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