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HQ 084989


October 3, 1989

CLA-2 CO:R:CV:G: 084989 JLV (NY 841965)

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.50.4000

Mr. John A. Slagle
Wolf D. Barth Co., Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: Coated braided yarn cut to length but not made up into fishing line

Dear Mr. Slagle:

In a letter of May 31, 1989, on behalf of your client, Gudebrod, Inc., P.O. Box 357, Pottstown, Pennsylvania, you requested a ruling on the classification of a braided fishing line. A sample of the article to be imported was submitted. This decision is our ruling on the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise is described as "braided polyester fishing line with a nylon coating put up on a plastic spool." The submitted sample is a continuous length, measuring approximately 110 yards, wound onto a plastic spool. You state that the line is "fishing line." The line is divided into five colored sections, each of which is approximately 22 yards in length. It is said to be 22 lb. test line, measuring 0.55 mm in thickness. The line consists of a coated braided construction yarn with a core of multifilament yarns.

Based on the stated thickness and strength, the line appears to measure 10,000 decitex or less and to have a tenacity greater than 53 centinewtons per tex. The sample, wound on a plastic spool in the specific, multicolored length, is said to be imported for retail sale in that condition.

ISSUE:

Is the coated braided polyester article considered to be a yarn, cord or gut or the like for fishing, which is made up into fishing lines?

LAW AND ANALYSIS:

The nylon coated braided material is a coated braided yarn that, prima facie, is within the description of headings 5604, 5607, 5808, and 9507, HTSUSA. However, if it is a "sports requisite," i.e., fishing tackle in heading 9507, for purposes of the exclusion in note 1(t), section XI, it is classified in heading 9507. General Rule of Interpretation (GRI) 1, HTSUSA.

Heading 9507 is limited by note 1(c), chapter 95, which excludes "[y]arns * * * or the like for fishing, cut to length but not made up into fishing lines, of * * * Section XI." (Emphasis added.) The Explanatory Notes (EN) to heading 9507 list, among the items within the term "tackle," articles described as mounted lines and casts. No other examples of fishing lines are given. The article in question is merely cut to length and wound on a spool. The spool is merely a holder and is not an article which is used, in and of itself, as a part of a fishing reel. In view of the fact that the article is merely cut to length, it falls within the exclusion in note 1(c), chapter 95.

We conclude, therefore, that the nylon coated polyester braided yarn, although cut to length and put up on a plastic holder for sale at retail, is not made up into fishing lines and is precluded from classification in heading 9507.

The article consists of nylon-coated polyester braided yarn consisting of a multifilament core with a braided construction yarn that has been coated with nylon. Because the term "yarn" is not defined in the legal notes (for purposes of determining the issue in this case), we look to the Explanatory Notes to section XI and the headings in question.

EN (I)(B)(1), section XI, states that yarns may be "single, multiple (folded) or cabled." That EN, however, excludes "braided textile yarns (heading 56.07 or 58.08, as the case may be.)" Furthermore, in distinguishing between the
yarns of chapters 50 to 55, twine, cordage, rope or cables of heading 56.07 and braids of heading 58.08, the EN provide a table in which braided textile yarn is apparently classified only in heading 56.07 or 58.08, depending in part on the plait and structure. Braided yarn that is tightly plaited and having a compact structure is said to be classified in heading 56.07.

Although heading 5808, which provides specifically for "braids in the piece," seems to describe the article, the EN to that heading elaborate on the type of articles classified in heading 5808. EN (1) states that certain braids are excluded, i.e., braids more specifically covered by headings such as for "[t]wine, cordage, rope, cables and braided imitation catgut of heading 56.07." (Emphasis added.)

For the meaning of "imitation catgut" we look to the EN to heading 5604. In describing the type of products included in heading 5604, the EN state that "[a]mong the products * * * are imitation catguts consisting of textile yarn with a heavy dressing of plastics, which are used according to their different characteristics in the manufacture of sports rackets, fishing lines, * * * ." Using this description of imitation catgut, and applying the interpretation in Table I of section XI Explanatory Note (I)(B)(2), which directs classification of "braided yarn" in headings 5607 or 5808, and applying the exclusion in the EN to heading 5808, we conclude that the classification of the coated braided yarn (braided imitation catgut) falls in heading 5607.

HOLDING:

The nylon coated polyester braided yarn is classified under the provision for twine, cordage, ropes and cables, coated, of other synthetic fibers, other, in subheading 5607.50.4000, HTSUSA, textile category 669.

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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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

Sincerely,

John Durant, Director

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