CLA-2-59:S:N:N6:350 807398

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

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

Dear Mr. Finn:

In your letters dated February 22 and 23, 1994, you requested a tariff classification ruling. You indicate that the manufacturer is Lenzing AG, Lenzing, Austria.

We wish to note per a recent telephone conversation with your office that no new samples were submitted with this inquiry. 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 and 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.

Although, only yarns are imported and must go through further manufacturing such as braiding before they can be used as packing, U.S. Customs Service Headquarters considers such yarns similar to cords and braid which do not undergo further manufacture.

Your letter provided the following technical specifications for the seven 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 110 99.7% PTFE filaments 0.3% antistatic agent

PTFE 110S 100% PTFE filaments PTFE 111P 90% PTFE filaments 10% Paraffin oil PTFE 623 58% PTFE filaments 25% PTFE dispersion 17% Silicone oil

PTFE 722P 57.6% PTFE filaments 12.1% PTFE dispersion 20.3% Graphite 10% Paraffin oil

PTFE 415 70% PTFE filaments 30% PTFE dispersion

PTFE 621P 60% PTFE filaments 28% PTFE dispersion 12% Paraffin oil

The applicable subheading for styles PTFE 110, 111P, 623, 722P, 415 and 621P 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.

Style 110S, which does not appear to have any coating substance, is classifiable in subheading 5911.90.0040, HTS, which provides for textile products and articles, ... cords, braids and the like of a kind used in industry as packing or lubricating material. The duty rate is 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