CLA-2 R:C:T 957751 CMR
Ms. Barbara Ho
720 Iwilei Road, Ewa Wing 280
Honolulu, HI 96817
RE: Modification of New York Ruling Letter (NYRL) 883073;
classification of a braided metallic yarn; essential
character
Dear Ms. Ho:
On April 5, 1993, Customs issued NYRL 883073 to you
regarding the classification of various decorative cords from
China. We have reviewed that ruling and found we erred in the
classification of one of the cords at issue therein. The item is
described below.
Pursuant to section 625, Tariff Act of 1930 (19 U.S.C.
1625), as amended by section 623 of Title VI (Customs
Modernization) of the North American Free Trade Agreement
Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993)
(hereinafter section 625), notice of the proposed modification of
(NYRL) 883073 was published May 3, 1995, in the Customs Bulletin,
Volume 29, Number 18.
FACTS:
The cord at issue was described in NYRL 883073 as a 5/32-
inch diameter silver cord consisting of a braided core of
polyester with an outer covering of tubular braided metallic
yarn. The Customs laboratory in New York reported the
composition of the cord as: 73.9 percent braided core polyester,
22.4 percent metallic yarn, and 3.7 percent braided core collar.
The yarn was classified in subheading 5808.10.3010,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), as a braid in the piece, other, of man-made fibers.
This classification was based on the chief weight of the cord.
-2-
ISSUE:
What is the proper classification of the cord at issue and
on what basis is the determination made?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes and, provided
such headings or notes do not otherwise require, according to
[the remaining GRIs taken in order]."
Note 2(A), Section XI, provides, in relevant part:
Goods classifiable in chapters 50 to 55 or in heading 5809
or 5902 and of a mixture of two or more textile materials
are to be classified as if consisting wholly of that one
textile material which predominates by weight over each
other single textile material.
* * *
Subheading Note 2, Section XI, provides, in part:
(A) Products of chapters 56 to 63 containing two or more
textile materials are to be regarded as consisting
wholly of that textile material which would be selected
under note 2 to this section for the classification of
a product of chapters 50 to 55 consisting of the same
textile materials.
(B) For the application of this rule:
(a) Where appropriate, only the part which determines
the classification under general interpretative
rule 3 shall be taken into account;
* * *
The braid at issue was properly classified in heading 5808,
HTSUSA, as a braid in the piece. Therefore, Subheading Note 2 is
the applicable provision. This provision requires the
classification be determined using GRI 3. Thus, it is not a
matter of classifying based on the component in chief weight.
Customs erred in NYRL 883073 by using chief weight in deciding
the proper classification of the cord.
The subject braided cord consists of an exterior metallic
braid with a braided man-made fiber core. As such, it is a -3-
composite good. GRI 3(b) directs that for a composite good
consisting of different materials, which cannot be classified by
reference to GRI 3(a), classification shall be according to the
component that imparts the essential character of the good. In
this case, we believe the metallic braid outer covering imparts
the essential character of the good.
HOLDING:
The subject metallic braided cord is classified in
subheading 5808.10.9000, HTSUSA, which provides for braids in the
piece, other than braids in the piece suitable for making or
ornamenting headwear, other than of cotton or man-made fibers,
dutiable at 8 percent ad valorem. At the time NYRL 883073 was
issued, the proper classification was subheading 5808.10.3090,
HTSUSA, which was the predecessor to subheading 5808.10.9000,
HTSUSA.
In accordance with section 625, this ruling will become
effective 60 days after its publication in the Customs Bulletin.
Publication of rulings or decisions pursuant to section 625 does
not constitute a change of practice or position in accordance
with section 177.10(c)(1), Customs Regulations (19 CFR
177.10(c)(1)).
The designated textile and apparel category may be
subdivided into parts. If so, the 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 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 updated weekly and
is available for inspection 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 importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division