CLA-2 CO:R:CV:G: 084989 JLV (NY 841965)
Mr. John A. Slagle
Wolf D. Barth Co., Inc.
7575 Holstein Avenue
Philadelphia, PA 19153
RE: Coated braided yarn cut to length but not made up into
fishing line
Dear Mr. Slagle:
In a letter of May 31, 1989, on behalf of your client,
Gudebrod, Inc., P.O. Box 357, Pottstown, Pennsylvania, you
requested a ruling on the classification of a braided fishing
line. A sample of the article to be imported was submitted.
This decision is our ruling on the classification under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise is described as "braided polyester
fishing line with a nylon coating put up on a plastic spool."
The submitted sample is a continuous length, measuring
approximately 110 yards, wound onto a plastic spool. You
state that the line is "fishing line." The line is divided
into five colored sections, each of which is approximately 22
yards in length. It is said to be 22 lb. test line, measuring
0.55 mm in thickness. The line consists of a coated braided
construction yarn with a core of multifilament yarns.
Based on the stated thickness and strength, the line
appears to measure 10,000 decitex or less and to have a
tenacity greater than 53 centinewtons per tex. The sample,
wound on a plastic spool in the specific, multicolored length,
is said to be imported for retail sale in that condition.
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ISSUE:
Is the coated braided polyester article considered to be
a yarn, cord or gut or the like for fishing, which is made up
into fishing lines?
LAW AND ANALYSIS:
The nylon coated braided material is a coated braided
yarn that, prima facie, is within the description of headings
5604, 5607, 5808, and 9507, HTSUSA. However, if it is a
"sports requisite," i.e., fishing tackle in heading 9507, for
purposes of the exclusion in note 1(t), section XI, it is
classified in heading 9507. General Rule of Interpretation
(GRI) 1, HTSUSA.
Heading 9507 is limited by note 1(c), chapter 95, which
excludes "[y]arns * * * or the like for fishing, cut to length
but not made up into fishing lines, of * * * Section XI."
(Emphasis added.) The Explanatory Notes (EN) to heading 9507
list, among the items within the term "tackle," articles
described as mounted lines and casts. No other examples of
fishing lines are given. The article in question is merely
cut to length and wound on a spool. The spool is merely a
holder and is not an article which is used, in and of itself,
as a part of a fishing reel. In view of the fact that the
article is merely cut to length, it falls within the exclusion
in note 1(c), chapter 95.
We conclude, therefore, that the nylon coated polyester
braided yarn, although cut to length and put up on a plastic
holder for sale at retail, is not made up into fishing lines
and is precluded from classification in heading 9507.
The article consists of nylon-coated polyester braided
yarn consisting of a multifilament core with a braided
construction yarn that has been coated with nylon. Because
the term "yarn" is not defined in the legal notes (for
purposes of determining the issue in this case), we look to
the Explanatory Notes to section XI and the headings in
question.
EN (I)(B)(1), section XI, states that yarns may be
"single, multiple (folded) or cabled." That EN, however,
excludes "braided textile yarns (heading 56.07 or 58.08, as
the case may be.)" Furthermore, in distinguishing between the
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yarns of chapters 50 to 55, twine, cordage, rope or cables of
heading 56.07 and braids of heading 58.08, the EN provide a
table in which braided textile yarn is apparently classified
only in heading 56.07 or 58.08, depending in part on the plait
and structure. Braided yarn that is tightly plaited and
having a compact structure is said to be classified in heading
56.07.
Although heading 5808, which provides specifically for
"braids in the piece," seems to describe the article, the EN
to that heading elaborate on the type of articles classified
in heading 5808. EN (1) states that certain braids are
excluded, i.e., braids more specifically covered by headings
such as for "[t]wine, cordage, rope, cables and braided
imitation catgut of heading 56.07." (Emphasis added.)
For the meaning of "imitation catgut" we look to the EN
to heading 5604. In describing the type of products included
in heading 5604, the EN state that "[a]mong the products * * *
are imitation catguts consisting of textile yarn with a heavy
dressing of plastics, which are used according to their
different characteristics in the manufacture of sports
rackets, fishing lines, * * * ." Using this description of
imitation catgut, and applying the interpretation in Table I
of section XI Explanatory Note (I)(B)(2), which directs
classification of "braided yarn" in headings 5607 or 5808, and
applying the exclusion in the EN to heading 5808, we conclude
that the classification of the coated braided yarn (braided
imitation catgut) falls in heading 5607.
HOLDING:
The nylon coated polyester braided yarn is classified
under the provision for twine, cordage, ropes and cables,
coated, of other synthetic fibers, other, in subheading
5607.50.4000, HTSUSA, textile category 669.
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
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.
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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 importing the merchandise
to determine the current applicability of any import
restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD NY Seaport
2cc: Chief, CIE
1cc: NIS Tomenga
1cc: NIS Edert
1cc: Director, Trade Ops
1cc: AC, CO
1cc: Director, ComRulDiv
1cc: Reading File
LIBARY: valentin
FILE NAME: 084989