CLA-2 CO:R:C:T 089586 HP
Ms. Maureen Shoule
J.W. Hampton, Jr., & Co., Inc.
15 Park Row
New York, NY 10038
RE: NYRL 861880 affirmed. The methods by which plastic
strips may be fibrillated (split longitudinally) include the
physical twisting process.
Dear Mr. Sutter:
This is in reply to your letter of April 17, 1991, to our
New York office. That letter concerned the tariff
classification, under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), of polypropylene rope,
produced in Portugal. Please reference your client
Amalgamated Cordage.
FACTS:
The merchandise at issue consists of yellow polypropylene
rope put up for retail sale; catalog number PPC-7. The
cordage is of twisted 3-strand construction, and made of
strip. The sample measures 3/8" in diameter by 50' in length.
We assume that the cordage measures more than 10,000 decitex.
In NYRL 861880 of April 11, 1990, we classified this
merchandise as other fibrillated rope or cordage. You
disagree, stating that the rope is made from nonfibrillated
polypropylene strip over 1" wide.
ISSUE:
Whether the instant cordage is made from fibrillated or
nonfibrillated strip?
LAW AND ANALYSIS:
Heading 5607, HTSUSA, provides for, inter alia, both
fibrillated and nonfibrillated rope and cordage. You argue
that since the instant rope was made from nonfibrillated strip
over one inch wide, and that any resulting fibrillation in the
product as imported was due to the twisting (construction)
operation, the rope should be classified as "of wide
nonfibrillated strip." We disagree.
In HRL 083629 PR of March 26, 1990, we held that the term
"fibrillation" requires a strip to be split into visible
interconnecting fibrils. After reviewing diverse technical
literature, we determined that among the methods by which
plastic strips may be fibrillated (split longitudinally)
included the physical twisting process. See Gordon, THE
HANDBOOK OF POLYOLEFIN FIBERS (1967). Therefore, as your
merchandise is comprised of fibrillated polypropylene strip at
the time of importation, it was correctly classified as
fibrillated rope. NYRL 861880 is affirmed.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 5607.49.2500, HTSUSA, textile
category 201, as twine, cordage, ropes and cables, whether or
not impregnated, coated, covered or sheathed with rubber or
plastics, of polyethylene or polypropylene, other, other,
other. The applicable rate of duty is 27.6/kg + 15 percent
ad valorem.
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, to obtain the most current information available, we
suggest that you 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 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 importing the merchandise
to determine the current status of any import restraints or
requirements.
A copy of this ruling letter should be attached to the
entry documents filed at the time this merchandise is
imported. If the documents have been filed without a copy,
this ruling should be brought to the attention of the Customs
officer handling the transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division