CLA-2-56:S:N:N6:351 813885

Mr. Bob Morse
Intrend Ropes and Twines Inc.
629 Grove St.
Manteno, IL 60950

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of polypropylene ropes made of filament and of wide non-fibrillated strip, from Mexico; Article 509

Dear Mr. Morse:

In your letters dated July 5, 1995 and August 16, 1995 you requested a ruling on the status of twelve ropes from Mexico under the NAFTA. You have submitted twelve samples of three-ply twisted polypropylene ropes. For all twelve ropes, you have provided the "yield," which ranges from 0.604 to 10.69 pounds per 100 feet; when converted to decitex (number of grams per 10,000 meters) all of these exceed 10,000 decitex.

Six of the samples are multifilament ropes; each of the three plies is comprised of many filaments twisted together. One of the ropes is labelled 3/16" MONO; we measured this rope several places along its length and it consistently measures less than 4.8 millimeters in diameter. The remaining multifilament ropes are labelled 1/4" MONO, 5/16" MONO, 3/8" MONO, 5/8" MONO and 3/4" MONO, and all exceed 4.8 millimeters in diameter.

The other six samples are made of non-fibrillated strip over 25.4 millimeters wide, which has been folded and twisted into an apparent width of less than 5 millimeters, then grouped and twisted into three "S" twisted strands, which in turn are twisted together in the "Z" direction to form the final three-ply rope. These six ropes are labelled 3/16", 5/16", 3/8", 1/2", 5/8" and 3/4".

The applicable tariff provision for the rope labelled 3/16" MONO will be 5607.49.1500, Harmonized Tariff Schedule of the United States Annotated (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 polyethylene or polypropylene; other; other, not braided or plaited; measuring less than 4.8 mm in diameter. The general rate of duty will be 7.9 percent ad valorem.

The applicable tariff provision for the remaining five ropes labelled "MONO" will be 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 polyethylene or polypropylene; other, not braided or plaited; other. The general rate of duty will be 25.8 cents per kilogram plus 14 percent ad valorem.

The applicable tariff provision for the six ropes that are made of non-fibrillated strip over 25.4 millimeters wide will be 5607.49.1000 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 polyethylene or polypropylene; other; of wide non-fibrillated strip. The general rate of duty will be 5 percent ad valorem.

You have also indicated that the materials used to manufacture these ropes "originate" in Mexico. We will assume for purposes of this ruling that this means that the plastic resin used to extrude the filaments and strip in Mexico was itself made in Mexico, from raw materials that were wholly obtained or produced in Mexico.

The ropes, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i). Under the NAFTA, upon compliance with all applicable laws, regulations, and agreements, the rope labelled 3/16" MONO will be entitled to a 5.8 percent ad valorem rate of duty, the remaining five ropes labelled "MONO" will be entitled to a 17.7 percent ad valorem rate of duty, and the six ropes that are made of non-fibrillated strip over 25.4 millimeters wide will be entitled to a free rate of duty.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport