CLA-2-56:OT:RR:NC:N3:351
W.J. Gonzalez
Trans-Union Customs Service, Inc.
11941 South Prairie Avenue
Hawthorne, CA 90250
RE: The tariff classification of tool lanyards from China
Dear Mr. Gonzalez:
In your letter dated February 7, 2012, you requested a tariff classification ruling on behalf of your client, Custom Leather Craft Manufacturing Company in South Gate, Cal.
You submitted two tool lanyards, item numbers 1015 and 1035. Both lanyards were designed to hold hand tools in order to provide easy access while working.
Tool lanyard item 1035 is constructed of cordage made of elastomeric filaments; the cordage is sheathed in braided textile fabric. This cordage is then covered with 1”-wide woven fabric. Each end has a metal spring-lock carabiner attached.
The applicable subheading for the tool lanyard, item 1035, will be 5609.00.3000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for articles of yarn, twine, cordage, rope or cables, not elsewhere specified or included, of man-made fibers. The rate of duty will be 4.5% ad valorem.
Tool lanyard item 1015 is constructed of a plastic-covered steel coil that has been looped and clamped on each end. One end of the coil has a 1/2”-wide webbed textile loop measuring 11” with a plastic slide clasp; this end holds the tool. The other end of the steel coil has a 1”-wide webbed textile loop measuring 5” with a metal carabiner clip attached; this end hooks onto a tool belt or other anchoring point.
The applicable subheading for the tool lanyard 1015 will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9% ad valorem.
You state your belief that the proper classification for these items is in subheading 6307.90.9889, HTSUS, which provides for other made up textile articles, other. However, the Explanatory Note to heading 56.09 states that this heading includes rope that is cut to length and looped at one or both ends, or fitted with metal pieces such as rings and hooks. Item 1035 fits within this definition.
Item 1015 has no such specific heading. It is considered a composite good, consisting of different materials or made up of different components, specifically the steel coil, webbed textile fabric, and the metal clip. General Rule of Interpretation (GRI) 3(b), HTSUS, provides that composite goods consisting of different materials or made up of different components, such as item 1015, shall be classified as if they consisted of the material or component which gives them their essential character. However, none of the components can be said to impart the essential character to this item over the other.
GRI 3(c) states that when goods cannot be classified by reference to GRI 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this case, those headings would be 6307 (textile) and 7326 (steel). Since heading 7326 comes last, classification is in heading 7326.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.
The samples will be returned as you requested.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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 Mitchel Bayer at (646) 733-3102.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division