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NY 854024



July 11, 1990

CLA-2-84:S:N:N1:110 854024

CATEGORY: CLASSIFICATION

TARIFF NO.: 8444.00.0090

Ms. Alison Leavitt
Chase, Leavitt (Customhouse Brokers) Inc. Ten Dana Street
Portland, Maine 04112

RE: The tariff classification of a Heat-Set Quartz Drawing Machine from England.

Dear Ms. Leavitt:

In your letter dated June 19, 1990, on behalf of Fiber Materials, Inc., you requested a tariff classification ruling.

The merchandise under consideration involves a heat-set quartz drawing machine that is designed for manufacturing a high purity quartz yarn (HPQY) for the U.S. Government for national defense applications.

The imported machine consists of the following components: gas burner system, start-up system, godet system (providing constant filament drawing speed and a controlled supply of the yarn), package take-up system, and process control. The first stage of the process involves thermal treatment (gas burner system), whereby the modules of fused quartz rod are reduced to permit the removal of a filament. The filament is continuously pulled from the heated fused quartz rod (godet and start-up system) and cooled to heat-set the new filament cross-section. Numerous filaments are treated continuously. The system also contains a take-up/tensioning device (godet and package take-up) to ensure that consistent filament diameter and dimensions are met.

It is the opinion of the inquirer that this machinery falls under the definition of HTS number 9902.84.44 as heat-set, stretch texturing machinery for making continuous man-made fibers. We disagree with the inquirer since quartz fiber under Customs terminology is not considered to be a "man-made fiber". Please note Chapter 54 to the HTSUS which states the following:

1. Throughout the tariff schedule, the term "man-made fibers" means staple fibers and filaments of organic polymers produced by manufacturing processes, either;
a) By polymerization of organic monomers, such as polyamides, polyesters, polyurethane or polyvinyl derivatives;
or
b) By chemical transformation of natural organic polymers (for example, cellulose, casein, proteins or algae), such as viscose rayon, cellulose acetate, cupro or alginates.

The applicable subheading for the heat-set quartz drawing machine will be 8444.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for machines for extruding, drawing, texturing or cutting man-made textile materials. The rate of duty will be 4.5 percent ad valorem.

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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