CLA-2 RR:CR:TE 962604 jb
Mr. Miguel Dancausse
ME-ME International
6123 Harbor View Lane
Greensboro, NC 27410
RE: Request for reconsideration of NY D84393; braided yarn
Dear Mr. Dancausse:
This is in response to a letter, dated February 2, 1999, written on your behalf by CST, Inc., requesting a reconsideration of New York Ruling Letter (NY) D84393, dated November 18, 1998, which classified different samples of braided yarn under the Harmonized Tariff Schedule of the United States (HTSUS). Samples were submitted to our New York office for examination.
FACTS:
The original merchandise at issue in NY D84393 consisted of merchandise referred to in the ruling as different samples of braids composed of 100 percent cotton and 100 percent nylon yarn, imported from Costa Rica. In that ruling the classification, country of origin and entitlement to treatment under the Caribbean Basin Initiative, were discussed. In the ruling it was determined that all of the submitted merchandise was classified in heading 5808, HTSUS, as braid in the piece.
You believe that the classification of that merchandise in heading 5808, HTSUS, is in error, and claim that the proper classification for this merchandise is in heading 5607, HTSUS, which provides for other twine, cordage, ropes, whether or not plaited or braided. In support of this claim you submitted eight additional samples to our New York office which you state are “more compact” than the original samples submitted. You indicate that the U.S. customers either sell the braids “as is”, or dye them and sell them as cordage for tying packages or for use as drawstrings for pouches. Additionally the auto industry purchases some of this merchandise, although you have no knowledge
of how the merchandise is used, and some customers use this braid to make fishing nets.
The eight samples recently submitted to Customs consist of:
Sample 1- flat weave, 13 carrier, 18 pick, cotton yarn size 30/2; this is a lightweight natural colored flat braid measuring approximately 5 mm in width; this is identical to one of the samples originally submitted for NY D84393;
Sample 2- flat weave, somewhat loose braid, 3 mm in width, of nylon yarn;
Sample 3- plain weave, 12 carrier, 13 pick, 1185 denier nylon yarn, 5 mm width and 1mm thick; this is identical to one of the samples originally submitted for NY D84393;
Sample 4- basketweave braid, 12 carrier, 6 pick, 1185 denier nylon yarn, 5 mm width and 2mm thick;
Sample 5- tight braid, cordlike in appearance, round, about 1mm in diameter, 1185 denier nylon yarn;
Sample 6- braid slightly thicker than sample 5, 1185 denier nylon yarn;
Sample 7- almost identical to sample 5
Sample 8- round, 3 mm in diameter, tightly plaited
ISSUE:
What is the proper classification of the merchandise at issue?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI). GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.
The competing classification provisions for the subject merchandise are heading 5607, HTSUS, which provides for, among other things, twine, cordage, ropes and cables, whether or not plaited or braided, and heading 5808, HTSUS, which provides for, among other things, braids in the piece. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 5607, HTSUS, state, in relevant part:
(2) Plaited or braided twine, cordage, ropes and cables
These are in all cases classified here regardless of their weight per metre. They are usually tubular braids which are generally made of coarser materials than the braids of heading 58.08. However, the plaited goods of this heading differ from those of heading 58.08 less by the nature of the yarn used than by the fact that they are tightly plaited, with a compact structure, making them suitable for use as twine, cordage, ropes or cables. In addition, they are usually uncoloured.
The most important fibres used in the manufacture of twine, cordage, ropes, or cables are hemp, jute, sisal, cotton, coir and synthetic fibres.
* * * *
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 coloured strands, or impregnated, coated, covered or sheathed with rubber or plastics.
* * * *
The EN to heading 5808, HTSUS, state, in relevant part:
In addition to braids, this part of the heading covers a variety of products in the length, designed for the ornamentation or decoration of various articles of apparel (e.g., ladies’ garments, military uniforms, ecclesiastical vestments, theatrical costumes) or of furnishing articles (including furnishings for ships or vehicles).
(1) Flat or tubular braids
These are obtained by interlacing diagonally yarns, or the monofilament, strip and the like of Chapter 54.
* * * *
Braid is made on special machines known as braiding or spindle machines.
Varieties of braid include lacing (e.g., for boot or shoe laces), piping, soutache, ornamental cords, braided galloons, etc. Tubular braid may have a textile core.
Braid is used for edging or ornamenting certain articles of apparel (e.g., decorative trim and piping) or furnishing articles (e.g., tiebacks for curtains), as sheathing for electrical wiring, for the manufacture of certain shoe laces, anorak or track suit cords, cord belts for dressing gowns, etc.
Such braid differs from the plaited or braided articles of heading 56.07 on account of its looser plaiting and less compact structure.
Central to the classification issue at hand is whether the subject merchandise fits within the physical descriptions set forth in either heading 5607 or heading 5808, HTSUS. We note that the submitted samples, that is, both the original samples and those later submitted to Customs, more closely fit the descriptions of merchandise stated in heading 5808, HTSUS. Although you believe the subsequent samples to be of a “more compact nature” than the originals, it is our opinion upon inspection of those samples that the instant merchandise still does not adequately meet the compact structure that is called for in heading 5607, HTSUS. The compact structure of the merchandise provided for in heading 5607, HTSUS, lends itself to heavier or industrial applications, as indicated in the EN to that heading, for example “binder twine, for tying packages, towing, loading, etc.” This is not the case of the subject merchandise. Although there seems to be a variety of uses to which this merchandise can be put, they do include use as “drawstrings” for pouches or garments and automobiles. This seems to parallel some of the uses indicated for merchandise in heading 5808, HTSUS, that is, braid for lacing, cords for garments and furnishings for vehicles.
With respect to your reference to NY A85478, dated July 16, 1996, which classified certain braided cord in heading 5607, HTSUS, as proof that the subject merchandise should similarly be classified, we disagree. There is not enough information in the description portion of that ruling to verify that we are discussing identical merchandise. Accordingly, we conclude that NY D84393 correctly classified the subject merchandise in heading 5808, HTSUS.
HOLDING:
The subject merchandise was correctly classified in NY D84393 in subheading 5808.10.7000, HTSUSA, which provides for, braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles; braids in the piece: other: of cotton or man-made fibers. The applicable general column one rate of duty is 7.9 percent ad valorem and the textile quota category is 229.
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, 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 the 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 the 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