CLA-2 CO:R:C:G 085844 HP
Mr. Emil J. Gomez
President
EMGO~
Box 664
Mableton, Georgia 30059
RE: Reconsideration of HRL 084723, cargo nets;rubber cordage;-
elastic;motorcycle;metalized yarn;HRL 084861;
Dear Mr. Gomez:
This is in reply to your letter of October 4, 1989,
requesting reconsideration of HRL 084723 of August 29, 1989.
FACTS:
The merchandise at issue consists of a knotted net
constructed of rubber cord covered with polyester braid, produced
in Taiwan and Thailand. Attached to the net are six plastic
covered metal hooks. A breakdown by weight of the component
materials of the net is: rubber elastic cord, 158 grams (70.2%);
textile covering, 10 grams (4.45%); and hooks, 57 grams
(25.35 %). The suggested use of the merchandise is to fasten
accessories or cargo to the back of motorcycles. According to
the packaging, the merchandise is sold in different colors and
sizes and with additional hooks.
In HRL 084723 of August 29, 1989, we classified this
merchandise under subheading 5608.19.2000, Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), as made up nets
of man-made textile materials. Under this subheading, a visa in
textile category 229 was required.
ISSUE:
Whether the instant merchandise is considered made up of
man-made textile materials under the HTSUSA?
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LAW AND ANALYSIS:
In HRL 084723, we state that
Note 10 to Section XI states that elastic products
consisting of textile materials combined with rubber
threads are classified as textile products in
Section XI. Thus, the textile portion of the elastic
material determines the composition for classification
purposes. [Emphasis added].
As a result, we considered the elastic cordage to be composed "of
polyester," an man-made fiber.
The Explanatory Notes (EN) to the HTSUSA constitute the
official interpretation of the tariff at the international level.
The General Explanatory Notes to Section XI states the "[r]ubber
thread and cord, textile covered, are included in heading 56.04."
Although rubber thread and cord could also be considered "man-
made," and thereby classifiable in Chapters 54 or 55, HTSUSA, it
is our opinion that if this dual classification possibility was
intended, the drafters of the Harmonized System would not have
included specific headings for rubber thread or cord, textile
covered. This, in addition to the fact that heading 5604 more
specifically describes the cordage, leads us to discourage
classification of the instant merchandise as of man-made textile
materials. See HRL 084861 of August 24, 1989 (metalized yarn).
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 5608.90.3000, HTSUSA, as knotted
netting of twine, cordage or rope; made up fishing nets and other
made up nets, of textile materials, other, other, other.
Articles classified under subheading 5608.90.3000, HTSUSA, when
imported from designated beneficiary countries, are entitled to a
duty rate of Free under the Generalized System of Preferences.
Section 503, Trade Act of 1974. Thailand is a designated
country, although Taiwan is not. Otherwise, the General rate of
duty is 10 percent ad valorem.
The designated textile and apparel category may be
subdivided into parts. If so, visa an 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
issuance of the U.S. Customs Service, which is updated weekly and
is available 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 importing the merchandise to determine
the current applicability of any import restraints or
requirements.
This notice to you should be considered a modification of
HRL 084723 of August 29, 1989, as to the merchandise described as
a cargo net, under 19 C.F.R 177.9(d)(1) (1989). It is not to
be applied retroactively to HRL 084723 (19 C.F.R. 177.9(d)(2)
(1989)) and will not, therefore, affect the transaction for the
importation of your merchandise under that ruling. However, for
the purposes of future transactions in merchandise of this type,
HRL 084723 will not be valid precedent. We recognize that
pending transactions may be adversely affected by this
modification, in that current contracts for importations arriving
at a port subsequent to the release of HRL 085844 will be
classified under the new ruling. If such a situation arises, you
may, at your discretion, notify this office and apply for relief
from the binding effects of the new ruling as may be dictated by
the circumstances.
Sincerely,
John Durant, Director
Commercial Rulings Division