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HQ 083894


March 28, 1990

CLA-2 CO:R:C:G 083894 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.49.1000; 5607.49.2500

Mr. Jared B. Palmer
Twi-Ro-Pa Mills Agency, Inc.
P. O. Box 51527
New Orleans, LA 70151-1527

RE: Classification of nonfibrillated film rope

Dear Mr. Palmer:

This is in response to your letter of October 1, 1987, requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for certain unfibrillated film rope from Korea.

FACTS:

Four samples of rope of stranded construction were submitted. Sample #1 is claimed to be made from 100 percent nonfibrillated film. According to the information provided, Sample #2 is by weight 56/57 percent nonfibrillated film and 44/43 percent monofilament polypropylene and it is 1/2 inch (12.70mm) in diameter. Sample #3 is 59 percent nonfibrillated film and 41 percent monofilament polypropylene by weight. It is 1 1/2 inches (38.10mm) in diameter. Sample #4 is 62 percent nonfibrillated film and 38 percent polyester multifilament yarn and polypropylene monofilaments by weight. It is 1 1/4 inches (31.75mm) in diameter.

Each rope, except Sample #1, is made with monofilament or multifilament yarns wrapped around a core which is claimed to be nonfibrillated film. The film is over one inch in width. Each of the ropes is stated to be in chief weight and in chief value of the nonfibrillated film. It is assumed that the film is polyethylene or polypropylene.

ISSUE:

How is the subject rope classified under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

Twine, cordage, ropes and cables are provided for in Chapter 56, HTSUSA. Subheadings 5607.41 and 5607.49, HTSUSA, contain provisions for polypropylene and polyethylene twine, cordage, ropes and cables "of wide nonfibrillated strip". Articles classified under this Chapter must meet the requirements set out in Chapter 56, Additional U.S. Note 1. The Note requires that merchandise classified as "of wide nonfibrillated strip" must contain more than 65% by weight of nonfibrillated polyethylene or polypropylene strip (whether folded, twisted or crimped) measuring more than 25.4 mm (1 inch) in width in unfolded, untwisted, and uncrimped condition. Therefore, merchandise classified under heading 5607, HTSUSA, must contain more than 65% by weight of unfibrillated strip and measure more than 25.4 mm in width. Customs has ruled that fibrillation requires a strip to be split into visible interconnecting fibrils. Where a polypropylene or polyethylene strip is not so split, it can be classified as an unfibrillated strip for HTS purposes if it meets the weight and width requirements set out in Additional U.S. Note 1. See HRL 083629 issued March 26, 1990.

Regarding the subject merchandise, Sample #1 meets the weight and width requirements set forth in Note 1 and does not conform to the definition of fibrillation. Therefore, it is classifiable in subheading 5607.49.10, HTSUSA, as nonfibrillated film rope. Samples #2, #3, and #4 also fail to conform to the the definition of fibrillation. However, they are not classifiable as nonfibrillated film because they fail to meet the weight and width requirement. Samples #2, #3, and #4 are classifiable in subheading 5607.49.2500, HTSUSA, which provides for twine, cordage, rope, and cables of polyethylene or polypropylene.

HOLDING:

The subject nonfibrillated film rope are classified as follows:

Sample #1 is classifiable in subheading 5607.49.1000, HTSUSA, which provides 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 polyethylene or polypropylene, other, of wide nonfibrillated strip. The rate of duty is 5.3 percent.

Samples #2, #3, and #4 are classifiable in subheading 5607.49.2500, HTSUSA, which provides for twine, cordage, rope, and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics, of polyethylene or polypropylene, other, not braided or plaited, other. The textile category is 201 and the rate of duty is 27.6 cents per kilogram plus 15 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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 (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Sincerely,

John Durant, Director

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