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NY 805335





January 11, 1995

CLA-2-59:S:N:N6:350 805335

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.10.2000

Mr. Richard J. Finn
Sales Manager
Lenzing AG/Film Division
1743 Washington Street
Canton, MA 02021

RE: The tariff classification of five impregnated yarns composed of PTFE (Polytetrafluorethylene) which are used exclusively in the production of braided packings, from Austria.

Dear Mr. Finn:

In your letter dated December 13, 1994, you requested a tariff classification ruling. You indicate that the manufacturer is Lenzing AG, Lenzing, Austria.

Five representative samples were submitted including two made up packing braids which are composed of the yarns that you intend to import. You state in your correspondence that these packing yarns are made by starting off with PTFE filaments which are produced by a patented process. Specifically, thin sheets of PTFE film are slit to narrow widths, then stretched to improve their strength and reduce their tendency to cold flow. These narrow grouped filaments are then coated with PTFE paste dispersion as well as other ingredients including such things as graphite, paraffin oil or silicone oil. Finally, they are gathered into bundles and wrapped on bobbins for shipment to the United States where they will be fabricated into packing braids whose principle and sole use will be to seal around rotating mechanical shafts in pumps and valves.

Your letter provided the following technical specifications for the five packing yarns that you intend to import (the last two digits of each style is the decitex of the yarns, e.g., 419 is 19,000 decitex:

Product Name Description
PTFE 419 70% PTFE filaments
30% PTFE paste dispersion

PTFE 419S 70% PTFE filaments
30% Food grade PTFE paste dispersion

PTFE 520 64% PTFE filaments
13.5% PTFE dispersion
22.5% Graphite

PTFE 620 63% PTFE filaments
27% PTFE dispersion
10% Silicone oil

PTFE 723 54.4% PTFE filaments
11.5% PTFE dispersion
19.1% Graphite
15% Silicone oil

Your contention that the graphite containing yarns may be classifiable under HTS item 6815... and the others under either 3904... or 3913... is not possible noting that these PTFE yarns are so constructed into what is considered to be textile filaments of man-made fibers. Any coatings on these respective yarns would not negate the fact that they are all considered to be textile products for tariff purposes.

Accordingly the applicable subheading for the five yarns will be 5911.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles, for technical uses, .... coated, covered or laminated with rubber, leather or other material.... The rate of duty will be 7.1 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
New York Seaport

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