CLA-2-56:RR:NC:TA:351:JK B80261
Mr. Robert Stankiewicz
Frank W. Winne & Son Inc.
44 North Front Street
Philadelphia, PA 19106
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of polyester twisted rope from Mexico; Article 509
Dear Mr. Stankiewicz:
In your letter dated December 9, 1996 you requested a ruling on the status of polyester twisted rope from Mexico under the NAFTA.
You have submitted a sample of a three-ply twisted polyester rope which is made of multifilament yarns. We estimate based on its appearance that the decitex of this rope is well over 10,000. In response to our written questionnaire in which we asked you to "indicate the country in which the fiber/filament was extruded," you stated: "In reference to your question regarding which country manufactures the nylon yarn or fiber, it is made in the USA." Although this is not a direct response to our question, we will assume for purposes of this ruling letter that you mean that the filaments were extruded in the United States. This ruling applies only if this assumption is correct.
You further indicate that the yarn is sent to Mexico where it is made into rope.
The applicable tariff provision for the twisted polyester rope will be 5607.50.3500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for twine, cordage, rope and cable; of other synthetic fibers; not braided or plaited; other. The general rate of duty for 1996 will be 26.1 cents per kilogram plus 14.2 percent ad valorem. The general rate of duty for 1997 will be 25.3 cents per kilogram plus 13.7 percent ad valorem.
Each of the non-originating materials used to make the rope has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/56. In 1996, the rope will be entitled to a 9.7 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. In 1997, the rope will be entitled to a 6.5 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jeff Konzet at 212-466-5885.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division