CLA-2 RR:TC:TE 959809 ASM
Tariff No.: 5402.49.9010
Mr. Ray Browne
Euro Fishing Gear (U.S.A.) Ltd.
P.O. Box 68
Fairhaven, MA 02719
RE: Tariff Classification of “Chafer Gear”
Dear Mr. Browne:
This letter concerns your request for a ruling involving the tariff classification of “Chafer Gear”under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).
FACTS:
The product is an eight-foot long, loosely-twisted group of polyethylene or polypropylene monofilaments with an estimated twist of approximately 3 to 4 turns per meter. The product has a loose, rope-like appearance and is approximately 1 ½ inches in diameter. The filaments are crudely secured at the center of the group with a piece of black plastic tape.
ISSUE:
What is the proper tariff classification of the product, identified as “chafer gear,” under the HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA, is made in accordance with the General Rules of Interpretation (GRI’s) and in accordance with the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI’s may then be applied. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN’s), which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI’s.
According to your description, the product, is used to attach to fishing nets to reduce the abrasion when the net is being used. The federal regulations that govern ground fish trawl under the Department of Commerce National Oceanic and Atmospheric Administration, 50 CFR Part 663.2(c), "chafing gear" is defined as "webbing or other material attached to the bottom (underside) or around the codend of a trawl net to protect the codend from wear."
Clearly, this product has been designed to provide protection to the net and is used in the fishing industry for that purpose. The word “chafer” is defined in Webster’s 3rd New International Dictionary as "a strip of fabric covering the head of a tire as a protection from chafing against the rim." In the subject case, once the loosely twisted rope has unraveled, it forms a fabric-like covering comprised of textile filament strands which protect the codend of the net from wear or "chafing."
It is our understanding that this product is to be used in its imported condition, that is, pre-cut eight foot lengths which are attached to fishing nets to reduce abrasion. Although heading 5608 of the HTSUSA, covers "Knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials," there is no provision for "parts of nets" under this heading. Thus, the tariff provision that most closely describes this product is the subheading which covers “polyethylene multifilament with minimal twist,” 5402.49.9010, HTSUSA.
HOLDING:
The product identified as "Chafer Gear" is classifiable under subheading 5402.49.9010, HTSUSA, "Synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex: Other yarn, single, untwisted or with a twist not exceeding 50 turns/m: Other: Other: Monofilament; multifilament, untwisted or with twist of less than 5 turns per meter: Other: Of polyethylene or polypropylene." This provision is dutiable at the general column one rate of 9.6 percent ad valorem.
Sincerely,
John Durant, Director
Tariff Classification Appeals Division