CLA-2-56:RR:NC:N3:351 G87797
Jan Cahill
Cahill Customs Consulting, Inc.
P.O. Box 821067
South Florida, Florida 33082-1067
RE: The tariff classification of polypropylene baler twine from Guatemala.
Dear Sir or Madame:
In your letter dated February 16, 2001, you requested a ruling on behalf of McNeel International Corp. on tariff classification.
You submitted a sample of what you call “PP Baler Twine,” which you describe as 100% polypropylene; 870 ft/lb.; 31 mm in width in its unfolded, untwisted, and uncrimped condition; 16,095 decitex, 140 tensile strength (lbs.); 105 average knot strength (lbs.). It is apparently twisted to arrive at its final condition. You state that it will be primarily used to bind or tie baled hay. The country of origin is stated to be Guatemala.
While you state that the twine is of non-fibrillated strip, we find that it is fibrillated throughout its length. The term "fibrillation" requires a strip to be split into visible interconnecting fibrils, which this sample is. Among the methods by which plastic strips may be fibrillated (split longitudinally) included the physical twisting process, which may well be how this product becomes fibrillated. Therefore, as your merchandise is comprised of fibrillated polypropylene strip at the time of importation, it is correctly classified as fibrillated twine.
The applicable subheading for this product will be 5607.41.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Twine . . . of polyurethane or polypropylene: binder or baler twine: . . . other.” The general rate of duty will be 5.2 percent ad valorem.
This product falls within textile category designation 201. Based upon international textile trade agreements products of Guatemala in category 201 are not currently subject to quota or the requirement of a visa. However, 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 the subject merchandise may be affected and should also be verified at the time of shipment.
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