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NY K82590




February 20, 2004
CLA-2-54:RR:NC:TA:352 K82590

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.10.0090

Mr. William B. Barnhardt
Technical Textiles, LLC
3933 Arborway
Charlotte, NC 28211

RE: The tariff classification of a 100% filament polyamide plain woven fabric designated as “containment wrap” from the United Kingdom.

Dear Mr. Barnhardt:

In your letter dated January 15, 2004 you requested a tariff classification ruling.

The submitted sample, designated as “containment wrap”, is a plain woven fabric composed of 100% filament polyamide. It contains approximately 6.7 single yarns per centimeter in the warp and 6.3 single yarns per centimeter in the filling. Weighing approximately 215 g/m2, this product will be imported in widths ranging between 30.48 centimeters and 35.56 centimeters. In a telephone conversation with this office you have indicated that the tenacity of the yarns that form this fabric is 215 centinewtons per tex. Your correspondence indicates that this product will be cut into 220 yard lengths and the full length of the product will be used as a containment wrap for a jet engine. It will be wrapped around the engine and held in place with epoxy. Its function is to prevent further damage to the aircraft by the jet engine compressor blades in the event of a catastrophic engine failure.

Your letter suggests that you believe that this product should be classified as a jet engine part in heading 8411, Harmonized Tariff Schedules of the United States (HTS), or in the alternative as an aircraft part in heading 8803. In a series of rulings the Office of Regulations and Rulings has considered whether various items used in conjunction with aircraft engines may be classified as parts of aircraft or are accessories. In HQ 958076 affirmed administratively in HQ 95572, Headquarters observed that if the item did not affect the primary function of the engine, that is making the engine fully functional as a means of propulsion or thrust, it was not a part . The rulings went on to classify in that case a thermal insulation blanket by its component material notwithstanding that the thermal blanket was a requirement for the operation of the aircraft as mandated by the FAA.

Similarly, classification in heading 5911, HTS, as a textile product for technical use is precluded. Note 7 to chapter 59 states in part:

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

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), the following only:

Textile fabrics, felts and felt-lined woven fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes, including narrow fabrics made of velvet impregnated with rubber, for covering weaving spindles (weaving beams); Bolting cloth;
Straining cloth of a kind used in oil presses or the like, of textile materials or of human hair; Flat woven textile fabrics with multiple warp or weft, whether or not felted, impregnated or coated, of a kind used in machinery or for other technical purposes; Textile fabric reinforced with metal, of a kind used for technical purposes; Cord, braid and the like, whether or not coated, impregnated or reinforced with metal, of a kind used in industry as packing or lubricating materials;

Since this fabric is not of the type listed as the type of fabric within the scope of heading 5911, HTS, by Note 7(a) to chapter 59 classification in subheading 5911 is not possible.

The applicable subheading for the plain woven polyamide fabric designated as “containment wrap” will be 5407.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from high tenacity yarn of nylon or other polyamides or polyesters, other. The rate of duty will be 13.6 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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