Fabric of carbon/glass fibers; Heading 7019; Heading 6815;General Rule of Interpretation 2(b); General Rule ofInterpretation 3; General Rule of Interpretation 3(b),Explanatory Note (VIII); Encyclopedia of Textiles, Fibers andNonwoven Fabrics; McGraw-Hill Encyclopedia of Science andTechnology; Van Nostrand's Scientific Encyclopedia.
Active· CBP ruling HQ 088363· Issued 1991-08-14
Ruling text
HQ 088363
August 14, 1991
CLA-2 CO:R:C:M 088363 AJS
CATEGORY: Classification
TARIFF NO.: 6815.10.00; 7019.20.50
John B. Pellegrini, Esq.
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608
RE: Fabric of carbon/glass fibers; Heading 7019; Heading 6815;
General Rule of Interpretation 2(b); General Rule of
Interpretation 3; General Rule of Interpretation 3(b),
Explanatory Note (VIII); Encyclopedia of Textiles, Fibers and
Nonwoven Fabrics; McGraw-Hill Encyclopedia of Science and
Technology; Van Nostrand's Scientific Encyclopedia.
Dear Mr. Pellegrini:
Your letter of August 15, 1990, requesting the tariff
classification of fabrics made of carbon and glass fibers has
been forwarded to this office for reply.
FACTS:
The style G874 is a plain weave fabric comprised by weight
of 32% carbon fibers and 68% glass fibers. The carbon fibers
represent approximately 81% of the value and the glass fibers
19%. The carbon fibers have a PSI rating of 511,850 pounds, a
Mega Pascal (MPa) rating of 3,530 newtons/sq meter and a specific
gravity of 1.79g cm3. The glass fibers have PSI and MPa ratings
of 319,000 pounds and 2,200 newtons/sq meter and a specific
gravity of 2.54g/cm3.
The style G973 is a woven fabric in a twill 2/2 weave. The
fabric is comprised by weight of 50% carbon fibers, 36% glass
fibers, and 14% polyester fibers. The relative values of the
fibers are carbon, 89%: glass, 8%; and polyester, 3%.
Each of the subject fabrics were developed for use in the
aircraft industry. They are designed to replace metal for the
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purpose of reducing weight factors. The fabrics are used as
layers in laminates which are impregnated with resins and other
plastics, and then molded into desired shapes such as interior
walls of aircraft or exterior wheel well doors.
ISSUE:
Whether the subject fabrics are properly classifiable within
subheading 6815.10.00, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for nonelectrical
articles of graphite or other carbon; or within subheading
7019.20.50, HTSUSA, which provides for colored woven fabrics of
glass fibers.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 provides
that classification is determined first in accordance with the
terms of the headings of the tariff and any relative section or
chapter notes, and unless otherwise required, according to the
remaining GRI's taken in order.
Heading 7019, HTSUSA, provides for glass fibers and articles
thereof. G874 is partially composed of glass fibers which
satisfy the terms of this heading. More specifically, the
subject glass fibers are described in subheading 7019.20.50,
HTSUSA, as colored woven fabrics. However, G874 is also composed
of carbon fibers which do not satisfy the terms of heading 7019,
HTSUSA. Accordingly, G874 is not properly classifiable within
this heading based on the terms of this heading.
Heading 6815, HTSUSA, provides for articles of stone or
other mineral substances, not covered by the earlier headings of
this Chapter and not included elsewhere in the Nomenclature.
G874 is partially composed of carbon fibers which satisfy the
terms of this heading. More specifically, the subject carbon
fibers are described in subheading 6815.10.00, HTSUSA, which
covers nonelectrical articles of natural or artificial graphite
or other carbon. However, the subject glass fibers discussed
previously do not satisfy the terms of heading 6815, HTSUSA.
Accordingly, G874 is also not properly classifiable within this
heading based on the terms of this heading.
GRI 2(b) states that any reference in a heading to a
material or substance shall be taken to include a reference to
mixtures or combinations of that material or substance with other
materials or substances. G874 satisfies this rule. It is a
plain weave fabric composed of a combination of carbon and glass
fibers. The classification of these articles shall be
determined according to GRI 3.
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GRI 3(a) requires that the heading which provides the most
specific description of an article shall be preferred to headings
providing a more general description. However, when two or more
headings each refer to part only of the materials or substances
contained in mixed or composite goods, those headings are to be
regarded as equally specific in relation to those goods. In this
instance, heading 7019 refers to the glass fibers and heading
6815 refers to the carbon fibers. Accordingly, these two
headings are equally specific in relation to G874.
GRI 3(b) requires mixtures or composite goods consisting of
different materials, which cannot be classified by reference to
3(a), to be classified as if they consisted of the material or
component which gives them their essential character. The factor
which determines essential character will vary as between
different kinds of goods. Harmonized Commodity Description and
Coding System Explanatory Notes (ENs), GRI 3(b) (VIII). It may,
for example, be determined by the nature of the material or
component, its bulk, quantity, weight or value, or by the role of
a constituent material in relation to the use of the goods. ENs
GRI 3(b) (VIII). The Explanatory Notes are not dispositive, but
they provide a commentary on the scope of each heading and offer
guidance for interpretation of the HTSUSA. H. Conf. Rep. No.
576, 100th Cong., 2d Sess., 549, reprinted in 1988 U.S. CODE
CONG. & ADMIN. NEWS 1582. In this case, the glass fibers
comprise 68% of the weight and the carbon represents
approximately 81% of the value of the fabric. The use of either
one of these factors in determining essential character would
provide conflicting results. Accordingly, we find that these two
factors negate each other in this case. Instead, we find that
neither one of these materials give the fabric its essential
character because they are each essential for the fabric's use.
It is argued that the carbon fibers imparts the essential
character to the G874 because they give the fabric the required
strength characteristics needed for the aircraft industry. While
the subject carbon fiber has a greater strength ratio than that
of the glass (511,850 pounds to 319,000 pounds), the weight of
the glass in the material is more than double that of the carbon.
This weight advantage would actually give the glass more total
strength in this instance. Therefore, we do not agree that the
strength characteristics of the carbon fibers in this case
imparts the essential character to the G874.
This above conclusion regarding the strength characteristics
of the fibers and essential character determination is also
supported by other factors. You state that the fabrics "were
developed to replace metal for the purposes of reducing weight
factors". Thus, weight would certainly be an important factor in
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determining essential character. As stated previously, the glass
fibers comprise 68 percent of the weight of the G874. In
addition, glass fibers are also used for their strength
characteristics, as well as nonflammability and heat resistance.
Encyclopedia of Textiles, Fibers and Nonwoven Fabrics, edited by
M. Grayson, 130 (1984). See also McGraw-Hill Encyclopedia of
Science and Technology, (6th ed.), vol. 8, 127, (1987). Van
Nostrand's Scientific Encyclopedia, (7th ed.), vol. 1, 1133-37,
(1988). Accordingly, we do not agree with your statement that
the glass fibers are "present principally to complete the weave".
Instead, the glass fibers possess characteristics which are
important for the fabric's use.
GRI 3(c) requires that goods which cannot be classified by
reference to GRI 3(a) or 3(b) to be classified under the heading
which occurs last in numerical order among those which equally
merit consideration. In this instance, headings 6815 and 7019
equally merit consideration because both the glass and carbon
fibers impart the essential character to the fabric. Accord-
ingly, this rule requires G874 to be classified under heading
7019, HTSUSA. More specifically, G874 is classifiable within
subheading 7019.20.50, HTSUSA, which provides for colored woven
fabrics of glass fibers.
G973 is a woven fabric in a twill 2/2 weave. It is
comprised by weight of 50% carbon fibers, 36% glass fibers and
14% polyester fibers. This fabric is also used in aircraft
construction but in external applications, such as wheel well
doors. This combination fabric would be subject to a similar
type of GRI 3 analysis as the G874. However in this instance,
the carbon fibers comprise 50% of the weight and 89% of the value
of the fabric. Based on these factors, the essential character
of this fabric would be imparted by the carbon fibers. Accord-
ingly, this determination requires the G973 to be classified
within subheading 6815.10.00, HTSUSA, as a nonelectrical article
of graphite or carbon.
HOLDING:
The G874 fabric is classifiable within subheading
7019.20.50.00, HTSUSA, which provides for colored woven fabric of
glass fibers, currently dutiable at the rate of 11.1 percent ad
valorem and subject to quota category 622.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
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changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
The G973 fabric is classifiable within subheading
6815.10.00, HTSUSA, which provides for nonelectrical articles of
graphite or carbon, currently dutiable at the rate of 4.9 percent
ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 088363, retrieved 2026-10-12T05:20:34Z, republished verbatim. This digest is informational; only CBP issues binding rulings.