CLA-2-56:RR:NC:TP:351 A84644
Mr. William L. Rotondi
AEI-Carr Customs Brokerage Services
1800 West Lafayette
P.O. Box 33479
Detroit, MI 48232-5479
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of braided nylon rope
from Canada; Article 509
Dear Mr. Rotondi:
In your letter dated June 4, 1996 you requested a ruling on
the tariff classification and status under the NAFTA, of braided
nylon rope from Canada, on behalf of Esprit Ropes Inc.
You have submitted a sample of a 100% nylon braided rope
approximately 13 millimeters in diameter. It has an outer shell
which is tightly braided, with a core consisting of several
twisted yarns. Within the braided outer shell is a narrow
(approximately 3 millimeter wide) strip of material which runs
lengthwise through the rope, and on which is printed "THIS ROPE
MEETS OR EXCEEDS PERFORMANCE REQUIREMENTS FOR LIFE SAFETY ROPE OF
NFPA 1983, 1995 ED. ONTARIO HYDRO TECHNOLOGIES, ESPRIT ROPES
INC., 2-PERSON ROPE, 1ST QTR. 1996." You indicate that the rope
is exported to the United States on spools, for use as rescue
rope by fire departments and also in professional and amateur
mountain climbing. We assume that the rope is not retail-
packaged for any particular use such as mountain climbing, but is
imported on spools so that it will be suitable for a variety of
uses.
You state that the yarn used to make this rope is extruded,
dyed and twisted in the United States, and manufactured into rope
in Canada. You do not state the origin of the nylon resin used
to make the component yarns; we will assume for purposes of this
ruling that the resin is imported from a non-NAFTA country.
The applicable tariff provision for the braided nylon rope
will be 5607.50.4000, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for twine, cordage,
ropes and cables, whether or not plaited or braided...; of other
synthetic fibers; other. The general rate of duty will be 6.5
percent ad valorem.
Each of the non-originating materials used to make the rope
has satisfied the changes in tariff classification required under
HTSUSA General Note 12(t)/56. The rope will be entitled to a 1.4
percent ad valorem rate of duty under the NAFTA upon compliance
with all applicable laws, regulations, and agreements.
You have also asked about the applicability of HTSUSA
9802.00.50, which covers "articles exported for repairs or
alterations," to the manufacturing of this rope in Canada. The
processing in Canada goes beyond what is allowed under the
provision for alterations and repairs in subheading 9802.00.50.
Braiding is a manufacturing step needed to finish the article for
its intended use, and is not a repair or an alteration.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181). This ruling letter
is binding only as to the party to whom it is issued and may be
relied on only by that party.
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported. If you have any questions
regarding the ruling, contact National Import Specialist Jeff
Konzet at 212-466-5885.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division