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