CLA-2 CO:R:C:G 082775 HP
Mr. Jack Golla
Import Manager
Action Industries
Allegheny Industrial Park
Cheswick, PA 15024
RE: Classification of sisal twine.
Dear Mr. Golla:
This is in reply to your letter of March 23, 1988,
concerning
the tariff classification of sisal twine, produced in Portugal,
under the Harmonized Tariff Schedule of the United States
Annotated
(HTSUSA).
FACTS:
The merchandise at issue consists of a sisal twine ball
wrapped in cellophane for retail sale. The twine, labeled "Item
No. 2301 Sisal Twine," is 1-ply, 300 feet in length, with 9
percent
emulsifier.
ISSUE:
Whether the merchandise is considered binder and baler twine
under HTSUSA?
LAW AND ANALYSIS:
Subheading 5607.21.00, HTSUSA, provides for twine, cordage,
ropes and cables, whether or not plaited, braided, or coated, of
sisal or other textile fibers of the genus Agave, used as binder
or baler twine. Subheading 5607.29.00, HTSUSA, provides for
similar articles, other uses. We must therefore define "binder
or
baler twine" for classification purposes.
The Explanatory Notes to the HTSUSA constitute the official
interpretation of the tariff at the international level. The
Explanatory Note to subheading 5607.21, HTSUSA, defines the
parameters for binder or baler twine as:
... cover[ing] single twine of sisal [which
the merchandise is] or other textile fibres of
the genus Agave having a "Z" twist [which the
merchandise has] and a minimum twine breaking
force calculated by means of the following
formula:
R = 32,400 - 18n
(R being the twine breaking force in deca
newtons (daN) and n being the runnage of twine
in metres per kg.)
You state that the runnage of twine (n) is 500 m/kg.
Applying
the above formula, we find that the minimum twine breaking force
(R) allowable equals 16.80 daN. You further state that the
breaking force of the instant merchandise exceeds this measure.
The twine therefore meets the Explanatory Note requirements for
classification as binder or baler twine under subheading 5607.21,
HTSUSA.
Subheading 5607.21, HTSUSA, however, is a use provision;
used
for binding, baling, or otherwise. Consequently, the heading
under
which the subject merchandise will be classified will be
controlled
by the use in the United States at, or immediately prior to, the
date of importation of goods of the class or kind to which the
subject merchandise belongs. The controlling use is the
principal
use -- the use which exceeds any other use. Additional U.S. Rule
of Interpretation 1(a), HTSUSA. The actual use of certain ship
ments of merchandise will not dictate a classification controlled
by principal use.
In Frank W. Winne & Sons v. United States, C.D. 4505, 72
Customs Court 62 (1974), the United States Customs Court, per
Judge
Maletz, entertained the question of classifying twine as "binding
"
or otherwise. Types of twine have varying qualities and charac
teristics, as the Court noted below:
Binder twine is a one-ply twine made of hard henequen
or sisal fiber which is oiled and treated with insect
repellant to resist rot, rodents and insects. It is
manufactured to a length of 500 or more feet to the pound
and is put up in either 8-pound tubes, 6 tubes to the
bale, or in 5-pound balls, 10 balls to the bale. Twine
of this type is chiefly used on the farm for binding or
tying grains and is distributed through farm machinery
and equipment dealers, farm and feed dealers, and farm
cooperatives. Because it is oiled and treated with
insect and rodent repellents, it cannot be used as
wrapping or tying twine.
Baler twine is made of a one-ply material and ranges
between 200 to 257 feet per pound; it is oiled and
treated with insect repellent to resist rot, rodents and
insects. Such twine is manufactured in 20-pound balls,
with two balls to the bale; it is much thicker, heavier
and stronger than binder twine; and is chiefly used on
the farm in hay balers to tie and bind bales of hay,
straw and fodder crops. As in the case of binder twine,
baler twine is distributed through farm machinery and
equipment dealers, farm and feed dealers, and farm
cooperatives. Also like binder twine, it cannot be used
as wrapping or tying because of its oiled and repellant-
treated condition.
Wrapping twine and tying twine are one and the same and
are sometimes referred to as sisal twine. Twine of this
type consists of a piece of string manufactured from
fiber. It is stainless; i.e., unoiled, and is made in
various put-ups, such as 10- or 20-pound balls or 50-
pound reels or tubes, also in different size bales
according to customer specifications. It is white in
color (although different colors may be specially
ordered); it is treated with a softening material; and
comes in one, two or three plies in lengths of 200 and
300 or 400 feet. Wrapping or tying twine is not sold in
the same channels of distribuion as binder or baler
twine; and is not used for agricultural purposes but
rather is chiefly used for such industrial purposes as
wrapping or tying of packages; bundles, newspapers, etc.
. . . [T]he term "binding twine] is rarely used in the
United States; that in the trade, agricultural twines are
specifically referred to as either binder twine or baler
twine, while wrapping or tying twines are referred to as
such and also as sisal twines, ... and that binder twine
is not commercially interchangeable with wrapping or
tying twines.
Id. at 64. See also T.D. 56199(21), Cordage, of textile materials.
Twine, binder (holding that binder twine, meeting all specifica
tions for binder twine but for chief use, classifiable not as
binder twine, but as cordage).
Although the aforementioned cases were decided under the
Tariff Schedules of the United States (TSUS), the rationale is
applicable to the Harmonized Tariff Schedule in place today. In
particular, we note that under TSUS, binder and baler twines, for
agricultural use, were granted duty-free entry; non-agricultural
twines were not. The same is true today. Compare subheading
5607.21.0000, HTSUSA (duty-free) with subheadings 5607.29.0000
(7.2%) and 5609.00, HTSUSA (4.4% - 9%).
It is clear that Congress never intended to provide for duty-
free entry for any twines other than agricultural twines. Accord
ingly, since the instant merchandise does not belong to a class or
kind of twine which is principally used in agricultural pursuits
or harvesting, it is not properly classifiable as binder or baler
twine.
HOLDING:
As a result of the foregoing, the instant merchandise is
classifiable under subheading 5607.29.0000, HTSUSA, as twine,
cordage, ropes and cables, whether or not plaited or braided and
whether or not impregnated, coated, covered or sheathed with rubber
or plastics, of sisal or other textile fibers of the genus Agave,
other. The applicable rate of duty is 7.2 percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the res
traint (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