H291579

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection HQ H291579 August 24, 2021 OT:RR:CTF:FTM H291579 JER CATEGORY: Classification TARIFF NO.: 5911.90.00 Sydney Mintzer Mayer Brown, LLP 1999 K St., NW Washington, DC 20006 RE: Revocation of NY N282623 (Tariff Classification of Textile Tubular Sleeves Used to Cover Electrical Wiring Harnesses); Revocation of NY N259736, NY N259746, NY N259737, and NY N259747 Dear Mr. Mintzer: This is in response to your request of October 20, 2017, on behalf of your client Federal Mogul Corporation (“FMC”), for reconsideration of New York Ruling Letter (“NY”) N282623, issued on February 17, 2017, concerning the classification of certain merchandise under the Harmonized Tariff Schedule of the United States (“HTSUS”). In NY N282623, U.S. Customs and Border Protection (“CBP”) classified the imported tubular sleeve, known as the Twist-Tube, under heading 5806, HTSUS. In particular, the Twist-Tube was classified under subheading 5806.32.2000, HTSUSA, which provides for: “Narrow woven fabrics, other than goods of heading 5807; narrow woven fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Other woven fabrics: Of man-made fibers: Other.” It is your contention that heading 5806, HTSUS, is not the proper heading and that it does not describe the merchandise at issue. After reviewing NY N282623, we have found that ruling to be in error. For the reasons set forth in this ruling, we are revoking NY N282623. Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. § 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed action was published on July 21, 2021, in Volume 55, Number 28, of the Customs Bulletin. No comments were received in response to this notice. FACTS: In NY N282623, CBP described the woven fabric as follows: TwistTube®, standard color black (samples and literature provided are for style TwistTube® 2420), is a flexible narrow woven fabric, approximately five centimeters (cm) in width in the open flattened state, permanently rolled into an open tubular form, and said to be composed of polyester monofilament and multifilament yarns. These yarns measure under one millimeter (mm) in cross-section…[.] According to the literature provided, “TwistTube® 2420 is a self-wrapping sleeve designed to provide abrasion protection and acoustical noise suppression… [It] maintains a circular profile when flexed. Its self-wrapping design allows for quick and easy bundling of wire and cable assemblies. The unique design easily allows for breakouts and can be installed over completed assemblies.” Typical applications include instrument panel harnesses, engine compartment harnesses, and tubing, hose and cable assemblies, protecting them from chafing, cutting and abrasion. The product is available in a variety of sizes and lengths, with nominal inner diameter sizes ranging in size from 5 to 38 mm, and in bulk lengths or cut to specification. In the submission dated October 20, 2017, you described the subject Twist-Tube as follows: The Twist-Tube is woven of both monofilament and multifilament polyester yarns. The two yarns are combined together on a large spool called a beam using a machine called a warper. The beam is then transported to the loom (weaving machine). The monofilament yarn is introduced perpendicular to the multifilament yarn by the loom in the weaving process. It is produced as a flat woven textile fabric with multiple warp or weft; having a plain weave with dual fill and dual pick. The dual fill means there are two (multiple) weft yarns being inserted and interlacing with each individual warp yarn. The dual pick is a standard of narrow fabric weaving whereby each fill (weft) yarn is inserted back and forth across the fabric structure. Each warp yarn is interlaced by four ends of weft yarn. The finished tape (called feedstock) is collected and then run through a heating process to create a tube shape. The tube is then cut to length. In a supplemental submission dated April 1, 2019, FCM provided photographs of the installed versions of the Twist-Tube, along with information pertaining to its installation. The April 1, 2019 submission along with the FMC website further described the Twist-Tube as being principally used to cover wiring assemblies in automobiles and light trucks. It is specifically designed as an original equipment manufacturer (“OEM”) certified part and is used by car manufacturers to satisfy National Highway Traffic Safety Administration (“NHTSA”) regulations governing flammability. The Twist-Tube is also said to have the capacity for heat prevention, and to also prevent abrasion while enhancing noise suppression. CBP Lab Report NY20171862, dated February 2, 2018, described the subject merchandise as a narrow woven fabric with complete selveges on both edges (one woven selvege on one edge and one chain knit stich on the other edge). It was composed of two yarns (one polyester monofilament and one polyester multifilament) and measured 6.5 centimeters in width in the open flattened state. ISSUE: Whether the subject merchandise is a narrow woven fabric of heading 5806, HTSUS, or a textile fabric intended and designed for technical purposes and therefore classifiable under heading 5911, HTSUS. LAW AND ANALYSIS: Classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) is made in accordance with the General Rules of Interpretation (“GRI”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied. The HTSUS provisions under consideration are as follows: 5806 Narrow woven fabrics, other than those goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Other woven fabrics: 5806.32 Of man-made fibers: 5806.32.2000 Other… * * * 5911 Textile products and articles, for technical uses, specified in note 7 to this chapter: * * * 5911.90.00 Other… * * * Section XI, Note 7 provides that: 7. For the purposes of this section, the expression “made up” means: Cut otherwise than into squares or rectangles; (b) Produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, tablecloths, scarf squares, blankets); (c) Cut to size and with at least one heat-sealed edge with a visibly tapered or compressed border and the other edges treated as described in any other subparagraph of this note, but excluding fabrics the cut edges of which have been prevented from unraveling by hot cutting or by other simple means; (d) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unraveling by whipping or by other simple means; (f) Assembled by sewing, gumming or otherwise (other than piece goods consisting of two or more lengths of identical material joined end to end and piece goods composed of two or more textiles assembled in layers, whether or not padded); or (g) Knitted or crocheted to shape, whether presented as separate items or in the form of a number of items in the length. Note 5(a) to Chapter 58 provides as follows: For the purposes of heading 5806, the expression “narrow woven fabrics” means: (a) Woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvages (woven, gummed or otherwise made) on both edges; * * * Note 1 to Chapter 59 provides as follows: Except where the cont

Classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) is made in accordance with the General Rules of Interpretation (“GRI”).  GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes.  In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.The HTSUS provisions under consideration are as follows:5806 Narrow woven fabrics, other than those goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Other woven fabrics:5806.32 Of man-made fibers:5806.32.2000 Other…* * *5911 Textile products and articles, for technical uses, specified in note 7 to this chapter:* * *5911.90.00 Other…* * *Section XI, Note 7 provides that:7. For the purposes of this section, the expression “made up” means:Cut otherwise than into squares or rectangles;(b) Produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, tablecloths, scarf squares, blankets);(c) Cut to size and with at least one heat-sealed edge with a visibly tapered or compressed border and the other edges treated as described in any other subparagraph of this note, but excluding fabrics the cut edges of which have been prevented from unraveling by hot cutting or by other simple means;(d) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unraveling by whipping or by other simple means;(f) Assembled by sewing, gumming or otherwise (other than piece goods consisting of two or more lengths of identical material joined end to end and piece goods composed of two or more textiles assembled in layers, whether