CLA-2-56:OT:RR:NC:N3:351
MEMORANDUM FOR: Director, Commercial & Trade Facilitation Division
Regulations & Rulings
Headquarters, Customs & Border Protection
FROM: Chief, Textiles & Apparel Branch
National Commodity Specialist Division
SUBJECT: Classification of Certain Polypropylene Ropes
REFERENCE: Request for Further Review of Protest Number 2002-12-100078
Headquarters File Number H234002
We have reviewed the above-cited file that included a submission from the importer’s broker. No samples were included with the file.
The broker’s argument is that the importer had, prior to importation, obtained a binding ruling for this merchandise. NYRL N054335, issued to the broker on the importer’s behalf and dated March 16, 2009, classified three samples of polypropylene rope in subheading 5607.49.1500, HTSUS, which provides for twine, cordage, ropes and cables…of polypropylene: other: other, not braided or plaited: measuring less than 4.8 mm in diameter, dutiable at 7% ad valorem.
The ropes were described as follows:
The submitted samples are lengths of cordage that you state are all made from multiple strands of fibrillated polypropylene strip using the right lay method, in which the strands are twisted to the right and the twine to the left, and are either 33,333 or 66,667 decitex. Item #1 (Y130130A01082) is 30,000 Denier (33,333 decitex). The twine measures 3.0 mm in diameter and has a final "Z" twist. Item #2 (Y130160A01082) is 60,000 Denier (66,667 decitex). The twine exceeds 4.0 mm in diameter and has a "Z" twist. Item #3 (Y130160A01081) is 60,000 denier (66,667 decitex). The twine exceeds 4.0 mm in diameter and has a final "S" twist. None of the samples exceeded 4.8 mm in diameter by our measurements.
In the ruling this office specified that the diameters were all less than 4.8 mm because that is the dividing line, so to speak, in the classification of twisted polypropylene rope. However, upon importation, samples of the ropes were taken from the shipment and sent to the Customs lab. Lab report HT20120137 noted that the ropes were 4.9 mm and 5.0 mm. Consequently, the port reclassified the ropes to subheading 5607.49.2500, HTSUS, which provides for twine, cordage, ropes and cables, whether or not plaited or braided: Of polyethylene or polypropylene: Other: not braided or plaited: other [than those measuring less than 4.8 mm in diameter].
The broker claims that the shipping documents did not include the style numbers that were in the ruling but that, nonetheless, the ruling should take precedence over the lab report.
While we did not include it in this ruling, this office has the following boilerplate:
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
We believe this to be the salient point in this matter. The merchandise imported, regardless of the binding ruling, regardless of the presence or absence of identifying numbers, was examined in its condition as imported and found to be greater than 4.8 mm.
A similar issue in the classification of rope is nonfibrillated strip. If a rope is made of nonfibrillated strip, but the strip becomes fibrillated at any point prior to importation, it is no longer nonfibrillated. See HQ 965178, dated May 14, 2002, as an example.
If you have any further questions regarding this matter, please contact National Import Specialist Mitchel Bayer at (646) 733-3102.
Please send a copy of your reply to this office.
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Deborah C. Marinucci Date