CLA-2 CO:R:C:T 951840 CC
Silvia Perez
M.G. Maher & Co., Inc.
One Canal Place
Suite 2100
New Orleans, LA 70130
RE: Classification of rope; classifiable in Heading 5607
Dear Ms. Perez:
This letter is in response to your inquiry, on behalf of Twi
Ro Pa Mills Agency, Inc., requesting the tariff classification of
rope. Samples were submitted for examination.
FACTS:
Article #2 is a clean rope with an eye approximately 1 foot
in diameter at one end; the eye was formed by splicing one end of
the rope back on itself. The splicing appears to have done by
hand after the rope was made. You indicate that this rope, which
is 60 percent polypropylene and 40 percent polyester, will be
sold in 600-foot lengths, in coils or reels, as anchor lines,
towing lines, mooring lines, deck lines, or barge lashing lines.
It will be sold through marine outlets to the fishing, towboat,
and barge trades.
Article #1 is identical in construction to Article #2 except
that it is lightly smudged in places, and the eye has been cut
open. The exposed fibers at the cut portions of the eye have
been beaded and blackened, as if a flame was held to them after
cutting. The rest of the rope, although smudged, shows no damage
and appears to still be usable as rope. Article #1 represents
used rope that will be subject to inspection by the importer
before sale. If the rope is found upon inspection to be
"saleable," it will be sold through the same marine channels as
for Article #2. If the rope is found to be "unfit," it will be
sold through surplus and salvage dealers. It will also be sold
in 600-foot lengths.
ISSUE:
Whether the merchandise at issue is classifiable in Heading
5607 of the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), Heading 5609, HTSUSA, or Heading 6310,
HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
You believe that Article #1 is classifiable in Heading 6310,
HTSUSA, which provides for used or new rags, scrap twine,
cordage, rope and cables, and worn out articles of twine,
cordage, rope or cables, of textile materials. The Harmonized
Commodity Description and Coding System, Explanatory Notes, the
official interpretation of the HTSUSA at the international level,
states that Heading 6310 includes the following:
Scrap pieces of twine, cordage, rope or cables,
used or unused (e.g., scrap pieces resulting from the
manufacture of twine, cordage, rope or cables, or of
articles thereof), and old twine, cordage, rope and
cables and worn out articles of such materials.
To fall in the heading, these products must be
worn, dirty or torn, or in small pieces. They are
generally fit only for the recovery (e.g., by pulling)
of the fibers (which are usually re-spun), for the
manufacture of paper or plastics, for the manufacture of
polishing materials (e.g., polishing wheels), or for use
as industrial wipers (e.g., machine wipers).
The submitted sample for Article #1 is undamaged and only
slightly smudged; it appears to be usable as rope. This article
clearly does not meet the requirements of the Explanatory Notes
for classification in Heading 6310.
Heading 5607, HTSUSA, 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.
The Explanatory Notes state the following concerning this
heading:
Twine, cordage, ropes and cables are used as binder
twine, for tying packages, towing, loading, etc. Their
cross-section is usually round but some (e.g., some
transmission cables) have a square, trapezoidal or
triangular section. They are normally unbleached, but
may be dyed, impregnated to make them rot-proof, formed
of different colored strands, or impregnated, coated,
covered or sheathed with rubber or plastics.
These products are classified here whether or not
cut to length.
The heading excludes:
...
(c) Articles of heading 56.09.
Heading 5609, HTSUSA, provides for articles of yarn, strip
or the like of Heading 5404 or 5405, twine, cordage, rope or
cables, not elsewhere specified or included. The Explanatory
Notes to this heading state that it includes yarns, cordage,
rope, etc., cut to length and looped at one or both ends, or
fitted with tags, rings, hooks, etc., (e.g., shoe laces, clothes
lines, towing ropes), ships' fenders, unloading cushions, rope
ladders, loading slings, dish "cloths" made of a bundle of yarns
folded in two and bound together at the folded end, etc.
The merchandise at issue is 1/2-inch diameter 3-strand lines
which, according to your submissions, will be imported in 600-
foot lengths with an eye splice at one end. You also state that
these products will have various marine uses, such as anchor and
deck lines. We do not believe that a 1/2-inch diameter rope of
polypropylene and polyester will have direct applications in
lengths of 600 feet. Such articles will most likely be cut after
importation for various uses such as dock lines, towing or anchor
lines. Therefore these articles have not been cut to length and
are not classifiable in Heading 5609 according to the Explanatory
Notes. Instead they are classifiable in Heading 5607.
HOLDING:
Articles #1 and #2 are classified under subheading
5607.49.2500, HTSUSA, 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 polyethelene or polypropylene, other, other, not braided or
plaited, other. The rate of duty is 27.6 cents per kilogram plus
15 percent ad valorem, and the textile category is 201.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
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 renegotiations 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 internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division