CLA-2-63:OT:RR:NC:N3:351
Ms. Sarah High
Core Health & Fitness LLC
17800 SE Mill Plain Blvd, Unit 190 Vancouver, WA 98683
RE: The tariff classification of battle rope from China
Dear Ms. High:
In your letter dated June 13, 2024, you requested a tariff classification ruling. In lieu of a sample, photographs of the item were provided with your request.
The item, described as a “Battle Rope,” is a textile rope designed to be anchored on a post and intended to be used for physical strength training at a gym or fitness facility. The battle rope is composed of 100 percent polyester yarns, dyed black. The single braided rope is constructed from three strands and twisted 16 turns per meter. Each end of the braided rope is wrapped with 8 inches of polyvinyl chloride (PVC) and secured with an aluminum collar. The SKU# will be delineated by the diameter and length of the rope: #TD-BTR-20-1.5 (1 ½ inches in diameter by 20 feet in length), #TD-BTR-1.5 (1 ½ inches in diameter by 30 feet in length), and #TD-BTR-2 (2 inches in diameter by 30 feet in length).
You have suggested that the “Battle Rope” should be classified under subheading 9506.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles and equipment for general physical exercise, gymnastics, athletics, other sports (included table-tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof: Other: Articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof; Other. We disagree. There is nothing that distinguishes the “Battle Rope” from any other general-purpose rope.
The applicable subheading for the “Battle Rope” will be 5609.00.3000, HTSUS, 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 rate of duty will be 4.5 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 5609.00.3000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 5609.00.3000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 at https://hts.usitc.gov/.
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 Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Kristine Dodge at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division