CLA-2 CO:R:C:T 087929 HP
Lic. Rolando Garca Trevio
Filamentos Y Cordeles, S.A. De C.V.
Calzada la Huerta No. 3600
Apartado Postal 22
Morelia, Mich.
Mxico
RE: Braided or plaited cordage of polypropylene filaments and
wide nonfibrillated strip from Mexico.
Dear Mr. Trevio:
This is in reply to your letter of September 3, 1990,
concerning the tariff classification of polypropylene rope,
produced in Mxico, under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA).
FACTS:
The merchandise at issue consists of polypropylene rope,
constructed by extrusion at high temperatures and processed by
platting (a.k.a. plaiting or braiding). You have submitted
samples ranging in diameter from 3mm (1/8") to 25mm (1"). You
have suggested that classification in subheading 5502.00.0000,
HTSUSA, is appropriate.
In addition to the above rope, you have also requested
classification of a polypropylene twisted split film rope.
ISSUE:
Whether the instant merchandise is considered cordage
under the HTSUSA?
LAW AND ANALYSIS:
Cordage of Polypropylene Filaments
Heading 5502, HTSUSA, provides for artificial filament
tow. As polypropylene* is a synthetic, not artificial
material, this heading is inappropriate.
Heading 5501, HTSUSA, provides for synthetic filament
tow. Cordage is clearly not filament tow (usually 25mm to
180mm in length); classification in heading 5501 is therefore
incorrect.
Heading 5607, HTSUSA, provides for, inter alia, cordage.
The Explanatory Notes to this heading state that ALL plaited
or braided cordage is classified herein regardless of their
weight per meter.
Cordage of Polypropylene Film
Subheading 5607.49.1000, HTSUSA, provides for
polypropylene cordage of wide nonfibrillated strip.
Additional U.S. Note 1 to Chapter 56, HTSUSA, states:
The term "of wide nonfibrillated strip",
as applied to ... cordage ... of
subheading[] ... 5607.49.10, embraces
products which contain more than 65
percent by weight of nonfibrillated
polyethylene or polypropylene strip
(whether folded, twisted or crimped)
measuring more than 25.4 mm in width in
unfolded, untwisted and uncrimped
condition.
Laboratory analysis has determined that:
[t]he sample, a piece of yellow cordage
measuring 28 cm long, has three strands,
each consisting of six plies of folded,
crimped, and twisted strip. This strip
consists of 100 percent by weight of
polypropylene nonfibrillated film
measuring more than 25.4 mm in width in an
unfolded, untwisted, and uncrimped
condition.
Subheading 5607.49.1000, HTSUSA, is therefore applicable.
End Notes
* The Explanatory Notes (EN) to the HTSUSA constitute the
official interpretation of the tariff at the international
level. While not legally binding, they do represent the
considered views of classification experts of the Harmonized
System Committee. It has therefore been the practice of the
Customs Service to follow, whenever possible, the terms of the
Explanatory Notes when interpreting the HTSUSA.
The Explanatory Notes to chapter 54, HTSUSA, define
polypropylene as synthetic fibers "composed of acyclic saturated
hydrocarbon linear macromolecules having in the macromolecular
composition at least 85% by weight of units with every other
carbon atom carrying a methyl side group in an isotactic
position and without further substitution."
HOLDING:
As a result of the foregoing, the instant merchandise is
classified as follows:
Cordage of Polypropylene Filaments
under subheading 5607.49.3000, HTSUSA, textile category
669, as 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
applicable rate of duty is 7.2 percent ad valorem.
Cordage of Polypropylene Film
under subheading 5607.49.1000, HTSUSA, as 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, of wide nonfibrillated strip.
Articles classified under subheading 5607.49.1000,
HTSUSA, when imported from designated beneficiary
countries, are entitled to Free duty rate under the
Generalized System of Preferences. Section 503, Trade
Act of 1974. Otherwise, the General rate of duty is 5.3
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.
Sincerely,
John Durant, Director
Commercial Rulings Division