CLA-2 RR:TC:TE 958963 jb
Shannon McNally
New England Fishing Gear, Inc.
200 Spaulding Turnpike
Portsmouth, NH 03801
RE: Request for Reconsideration of NY 817044; classification of
twisted polypropylene cordage; chapter 56
Dear Ms. McNally:
This is in response to your letter, received by our New York
office, dated January 10, 1996, requesting reconsideration of New
York Ruling Letter (NY) 817044, dated December 29, 1995, which
classified twisted polypropylene cordage in heading 5607,
Harmonized Tariff Schedule of the United States Annotated. We
also note that although in your original letter (in response to
which NY 817044 was issued) you referred to the item as
"polypropylene", the subject letter dated January 10, 1996,
refers to the item as "polyethylene". A sample of the
merchandise was obtained from the original classification ruling
request submitted to Customs.
FACTS:
For the purposes of this ruling we will assume that the
cordage is the same as the original sample submitted to this
office. If this assumption is incorrect you should contact this
office with the appropriate facts. The original sample consisted
of a twisted three-stand polypropylene cordage approximately 10
millimeters in diameter. Each of the strands was approximately 5
millimeters in diameter and was made of eleven twisted strips of
polypropylene material. Each of these eleven twisted strips was
twisted into an apparent width of approximately 2 millimeters.
The strips were fibrillated, probably in the process of twisting,
into visible interconnecting fibrils.
In your original letter you referred to the sample as a "
three strand, split film, polypropylene cordage made up of over
70 percent by weight of plastics". In NY 817044, the subject
merchandise was classified in subheading 5607.49.2500, HTSUS.
You disagree with this determination. In your opinion the
subject merchandise is more accurately described as split film
polypropylene.
ISSUE:
What is the proper classification for the subject
merchandise?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 requires
that classification be determined according to the terms of the
headings and any relative section or chapter notes. Where goods
cannot be classified solely on the basis of GRI 1, the remaining
GRI's will be applied, in the order of their appearance.
Heading 5404, HTSUS, provides for, among other things, strip
and the like of synthetic textile materials of an apparent width
not exceeding 5mm. Heading 5405, HTSUS, provides for, among
other things, strip and the like of artificial textile materials
of an apparent width not exceeding 5mm. In the case of the
subject merchandise, the strips in the strand are classifiable in
either heading 5404 or 5405, HTSUS.
The EN to headings 5404 and 5405, HTSUS, state that strip
and the like, of synthetic textile materials, is flat, of a width
(that is, in the folded, flattened, compressed or twisted state)
not exceeding 5mm, either produced as such by extrusion or cut
from wider strips or from sheets. Additionally, in the opinion
of Customs, strip of headings 5404 and 5405 is considered
"filament yarn" based on the language of headings 5407 and 5408,
HTSUS, which refers to filament yarn as including materials of
heading 5404 and 5405, HTSUS.
Chapter 56, HTSUS, provides for twine, cordage, ropes and
cables, among other things. Subheading 5607.49, HTSUSA, is the
provision for polypropylene twine, cordage, ropes and cables.
The Explanatory Notes to the Harmonized Commodity Description and
Coding System (EN) to heading 5607, HTSUS, state that "[t]his
group also includes twine, cordage, ropes and cables obtained
from fibrillating strip which has been more or less completely
split into filaments by twisting". In HQ 083629, dated March 26,
1990, Customs ruled that fibrillation requires a strip to be
split into visible interconnecting fibrils. Furthermore, in HQ
089586, dated September 12, 1991, Customs determined that the
methods by which plastic strips may be fibrillated, that is,
split longitudinally, included, the physical twisting process.
In the case of the subject merchandise, the strips were
fibrillated, probably in the process of twisting into visible
interconnecting fibrils. Additionally, the three stand rope is
twisted and consists of three strands made up of eleven twisted
strips, each of which was twisted into a width of approximately 2
millimeters. Accordingly, as this strip is less than 5mm in
width, and is considered a textile, rope made of such yarn is
properly classified in heading 5607, HTSUS.
HOLDING:
The subject twisted polypropylene cordage was properly
classified in NY 817044.
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 negotiations and
changes, we suggest that your client 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 the 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, your client should contact the
local Customs office prior to importing the merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division