CLA-2 CO:R:C:G 082417 CMR
Mr. Henry Reilly
Commercial Attache
Delegation of the European Communities
2100 M. Street, N.W.
7th Floor
Washington, D.C. 20037
RE: Classification of combination rope under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA)
Dear Mr. Reilly,
This ruling is in response to your request of June 1, 1988, for
the classification of a product, combination rope, under the HTSUSA.
FACTS:
The article at issue, combination rope, consists of a poly-
propylene core around which six strands of polypropylene and steel
are wrapped or twisted. The core consists of three strands of
multiple polypropylene fibers. The three strands are twisted
together to form the core strand. The six outer strands each consist
of seven stainless steel wires which are twisted into a strand and
around which five strands of polypropylene fibers have been wrapped.
It is apparent from your request that the combination rope at
issue was the subject of Headquarters Ruling Letter (HRL) 079955 of
May 12, 1987. In that ruling, the combination rope was classified in
the provision for stainless steel wire rope in item 642.14, Tariff
Schedules of the United States Annotated (TSUSA).
The letter you forwarded to us from the Director of the
Commission of the European Communities, A. Hazeloop, stated that
the EC Nomenclature Committee recently decided that the submitted
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combination rope is properly classified under heading 5607 of the
Common Customs Tariff based on the Harmonized System. We are being
asked if we agree with that classification.
Our National Import Specialist in New York has suggested
classification of the combination rope under the provision for
stranded wire, ropes, cables, plaited bands, slings and the like, of
iron or steel, not electrically insulated, heading 7312, HTSUSA.
ISSUE:
Is the submitted combination rope classifiable under the
provision for twine, cordage, rope and cables, whether or not plaited
or braided and whether or not impregnated, coated, covered or
sheathed with rubber or plastics, heading 5607, HTSUSA, or in the
provision for stranded wire, ropes, cables, plaited bands, slings and
the like, of iron or steel, not electrically insulated, heading 7312,
HTSUSA?
LAW AND ANALYSIS:
General Rule of Interpretation (GRI) 1 directs us to determine
classification of an article by first looking to the terms of the
headings and any relative Section or Chapter Notes, and, provided the
headings or Notes do not otherwise require, according to the
provisions of GRIs 2 through 5.
Since the combination rope consists of more than one material,
polypropylene and steel wire, it is considered a composite good and
classifiable according to the principles of GRI 3. Under GRI 3(a),
headings which refer to part only of the materials in the composite
are to be treated as equally specific. Therefore, classification is
to be made under GRI 3(b) according to the material which imparts the
essential character of the good.
The two competing headings under consideration, 5607 and 7312,
provide as follows:
5607 Twine, cordage, ropes and cables, whether or not plaited
or braided and whether or not impregnated, coated, covered
or sheathed with rubber or plastics
7312 Stranded wire, ropes, cables, plaited bands, slings and
the like, of iron or steel, not electrically insulated
The notes contained in the Harmonized Commodity Description and
Coding System, Explanatory Notes, Vol. 2, pp. 779-780, and Vol. 3, p.
1023, for each of the competing headings provide in pertinent part:
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5607 Textile yarn reinforced with metal thread is always
classified here and differs from metallised yarn of
heading 56.05 in that the metal strand is usually thicker
and acts as a reinforcing agent only and not for any
ornamental purpose.
7312 The heading covers stranded wire (or wire strand) obtained
by closely twisting together two or more single wires, and
cables and ropes of all sizes which are in turn formed by
twisting such strands together. Provided they remain
essentially articles of iron or steel wire, ropes and
cables may be laid on textile cores (hemp, jute, etc.) or
covered with textiles, plastics, etc.
We believe that metal thread is another term for wire as used in
the Explanatory Notes. The rope is predominately constructed of
polypropylene fibers with wire strands present for reinforcement.
This is essentially a textile rope reinforced with wire as opposed to
a wire rope laid on textile core or covered with textiles. There-
fore, since we believe the essential character of the combination
rope is imparted by the textile portion, the combination rope appears
to fall in heading 5607, HTSUSA, and not in heading 7312, HTSUSA.
HOLDING:
We agree with the decision of the EC Nomenclature Committee that
the submitted combination rope is classifiable under heading 5607,
HTSUSA. More specifically, we believe this article is classifiable
under subheading 5607.49.2500, HTSUSA, textile category 201. The
rate of duty is 27.6 cents per kilogram plus 15 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins