CLA-2-56:RR:NC:TA:351 G84245
Douglas Coath, Jr.
Frank W. Winne & Son, Inc.
44 North Front Street
Philadelphia, PA 19106
RE: The tariff classification of polypropylene rope.
Dear Mr. Coath:
In your letter dated November 9, 2000, you requested a tariff classification ruling.
You submitted a 14” length of three-strand rope, which you state is not fibrillated. You describe the manufacturing process as follows: “The yarn is extruded in flat film condition and slit during the extrusion process. At the end of the extrusion process, the slit film is collected onto a bobbin. . . . Now these bobbins of yarn are taken to a rope machine and, for instance, 7 of them might be put on one tray and there are three trays. . . . Each tray collects the 7 yarns and puts them into a strand, and then, immediately thereafter, the same machine closes these 3 strands into the rope . . . .”
You claim that at any point in this process, the yarn may “break,” but that this is not fibrillation; you claim that “yarn is fibrillated during twisting processes” [emphasis in original]. 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, possibly in the process of twisting the strips into strands, or twisting the strands into the finished rope. Therefore, if your merchandise is comprised of fibrillated polypropylene strip at the time of importation, it is correctly classified as fibrillated rope. Thus, regardless of the width of each strip, classification as “of wide, non-fibrillated strip” is precluded.
The applicable subheading for the fibrillated polypropylene rope will be 5607.49.3000, HTS, which provides for 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, other. The rate of duty will be five percent ad valorem.
HTS subheading 5607.49.3000 falls within textile category designation 669. You have not stated the country of origin, but based upon international textile trade agreements products of many countries are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to
textile category.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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 Mitchel Bayer at 212-637-7086.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division