CLA-2 CO:R:C:G 083894 CB
Mr. Jared B. Palmer
Twi-Ro-Pa Mills Agency, Inc.
P. O. Box 51527
New Orleans, LA 70151-1527
RE: Classification of nonfibrillated film rope
Dear Mr. Palmer:
This is in response to your letter of October 1, 1987,
requesting a classification ruling under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), for certain
unfibrillated film rope from Korea.
FACTS:
Four samples of rope of stranded construction were
submitted. Sample #1 is claimed to be made from 100 percent
nonfibrillated film. According to the information provided,
Sample #2 is by weight 56/57 percent nonfibrillated film and
44/43 percent monofilament polypropylene and it is 1/2 inch
(12.70mm) in diameter. Sample #3 is 59 percent nonfibrillated
film and 41 percent monofilament polypropylene by weight. It is
1 1/2 inches (38.10mm) in diameter. Sample #4 is 62 percent
nonfibrillated film and 38 percent polyester multifilament yarn
and polypropylene monofilaments by weight. It is 1 1/4 inches
(31.75mm) in diameter.
Each rope, except Sample #1, is made with monofilament or
multifilament yarns wrapped around a core which is claimed to be
nonfibrillated film. The film is over one inch in width. Each
of the ropes is stated to be in chief weight and in chief value
of the nonfibrillated film. It is assumed that the film is
polyethylene or polypropylene.
ISSUE:
How is the subject rope classified under the HTSUSA?
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LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that the starting point is the
terms of the headings of the tariff and any relevant section or
chapter notes.
Twine, cordage, ropes and cables are provided for in Chapter
56, HTSUSA. Subheadings 5607.41 and 5607.49, HTSUSA, contain
provisions for polypropylene and polyethylene twine, cordage,
ropes and cables "of wide nonfibrillated strip". Articles
classified under this Chapter must meet the requirements set out
in Chapter 56, Additional U.S. Note 1. The Note requires that
merchandise classified as "of wide nonfibrillated strip" must
contain more than 65% by weight of nonfibrillated polyethylene or
polypropylene strip (whether folded, twisted or crimped)
measuring more than 25.4 mm (1 inch) in width in unfolded,
untwisted, and uncrimped condition. Therefore, merchandise
classified under heading 5607, HTSUSA, must contain more than 65%
by weight of unfibrillated strip and measure more than 25.4 mm in
width. Customs has ruled that fibrillation requires a strip to
be split into visible interconnecting fibrils. Where a
polypropylene or polyethylene strip is not so split, it can be
classified as an unfibrillated strip for HTS purposes if it
meets the weight and width requirements set out in Additional
U.S. Note 1. See HRL 083629 issued March 26, 1990.
Regarding the subject merchandise, Sample #1 meets the
weight and width requirements set forth in Note 1 and does not
conform to the definition of fibrillation. Therefore, it is
classifiable in subheading 5607.49.10, HTSUSA, as nonfibrillated
film rope. Samples #2, #3, and #4 also fail to conform to the
the definition of fibrillation. However, they are not
classifiable as nonfibrillated film because they fail to meet the
weight and width requirement. Samples #2, #3, and #4 are
classifiable in subheading 5607.49.2500, HTSUSA, which provides
for twine, cordage, rope, and cables of polyethylene or
polypropylene.
HOLDING:
The subject nonfibrillated film rope are classified as
follows:
Sample #1 is classifiable in subheading 5607.49.1000,
HTSUSA, which provides 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 polyethylene or
polypropylene, other, of wide nonfibrillated strip. The rate of
duty is 5.3 percent.
-3-
Samples #2, #3, and #4 are classifiable in subheading
5607.49.2500, HTSUSA, which provides 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,
of polyethylene or polypropylene, other, not braided or plaited,
other. The textile category is 201 and the rate of duty is 27.6
cents per kilogram plus 15 percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the tariff number) 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 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 issuance
of the U.S. Customs Service, which is updated weekly and is
available at your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division