CLA-2-56:S:N:N3H:351 871735
Ms. Mary Ellen Bryan
Rauh Rubber, Inc.
1310 DeValera Avenue
Akron, OH 44310
RE: The tariff classification of twisted rope made of scrap
magnetic tape assembled in the Philippines.
Dear Ms. Bryan:
In your letter dated February 19, 1992, you requested a
tariff classification ruling.
You have submitted a sample piece of twisted, 3-strand rope.
The rope measures 1/2 inch in diameter and will be packaged in
coils that are 200 meters in length. It may be imported in other
diameters. In your letter, you stated that Rauh Rubber will
supply the raw material, scrap magnetic tape edge trim
manufactured in the United States, to the Philippine Synthetic
Products company where they convert it into magnetic tape rope.
In a phone conversation with National Import Specialist Jeffrey
Konzet on February 27, 1992, you stated that the tape is sent
over to the Philippines on reels and that there is no processing
done in the Philippines other than twisting the material into
rope. We would consider this twisting of American-made material
into rope to constitute an acceptable assembly operation because
it is a method used to combine or join yarns made of textile
strip, which are solid components. Our New York laboratory has
determined that the magnetic tape material used to make the rope
is a polyester fiber, not an olefin fiber. We assume that the
cordage measures more than 10,000 decitex.
The applicable subheading for the twisted rope will be
5607.50.2000, Harmonized Tariff Schedule of the United States
(HTS), 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 other
synthetic fibers, not braided or plaited. The rate of duty will
be 15 percent ad valorem plus 27.6 cent per kilogram.
An allowance will be made for the value of the supplied
American-made scrap magnetic tapes when they reenter the United
States as rope. The twisting operation in the Philippines is an
acceptable assembly within the purview of the provision for
subheading 9802.00.80, HTS. The provision provides for articles
assembled abroad in whole or in part of fabricated components,
the product of the United States, which (a) were exported
in condition ready for assembly without further fabrication, (b)
have not lost their physical identity in such articles by change
in form, shape or otherwise, and (c) have not been advanced in
value or improved in condition abroad except by being assembled
and except by operations incidental to the assembly process such
as cleaning, lubricating and painting.
The rope falls within textile category designation 201.
Based upon international textile trade agreements, products of
the Philippines are subject to the requirement of a visa and
quota restraints in the same manner as for other imported
merchandise.
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 renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the
Status Report On Current Import Quotas (Restraints Levels), an
internal issuance of the U.S. Customs Service, which is available
for inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
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.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport