CLA-2-56:S:N:N6:351 807811
Mr. Donald W. Sutton
D.W. Sutton Inc.
11947-95 Ave.
Delta, B.C.
Canada V4C3V1
RE: The tariff classification and status under the North American
Free Trade Agreement (NAFTA), of braided shock cord with hooks
from Canada; Article 509
Dear Mr. Sutton:
In your letter dated Januray 16, 1995 and in your February 21,
1995 response to our request for additional information, you
requested a ruling on the status of braided shock cord with hooks
from Canada under the NAFTA.
You have enclosed a sample of a "Kangaroo Kord," which is a
braided cord 61 millimeters in length and 6 millimeters in
diameter, with a metal hook at each end. The cord has a core of
rubber threads and is wrapped with nylon braid. One of the hooks
includes a key-like device which enables the user to adjust the
length of the cord.
The applicable tariff provision for the "Kangaroo Kord" will
be 5609.00.3000, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for articles of yarn, strip or
the like of heading 5404 or 5405, twine, cordage, rope or cables,
not elsewhere specified or included; of man-made fibers. The
general rate of duty will be 8.6 percent ad valorem.
You state in your letter that you have been advised, by the
manufacturer of the cord portion of this product, "that they
manufacture all materials used in this product, in the USA." This
statement, which was in response to our written request to "state
in what country the component fibers or filaments were produced,"
is not as definitive as it could be. We will assume, however, for
purposes of this ruling, that you mean that the supplier
manufactured not only the braided cord which appears in your
product, but also (1) braided the nylon yarn, (2), spun, twisted
and performed all other steps needed to make the yarn which was
used to make the braid, and (3) created (i.e., extruded) the fiber
which was used to make the yarn. If the assumptions that we have
made are not correct, please advise this office immediately,
because such information would change our conclusion as to the
NAFTA status of this product.
Assuming that our above assumptions are correct, each of the
non-originating materials used to make the "Kangaroo Kord" has
satisfied the changes in tariff classification required under
HTSUSA General Note 12(t)/56. The good will be entitled to a 2.3
percent ad valorem rate of duty under the NAFTA upon compliance
with all applicable laws, regulations, and agreements.
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