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HQ 087100


August 17, 1990

CLA-2:CO:R:C:G 087100 DRR 838895

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.4000

Mr. Ted Walters
Meijer, Inc.
2929 Walker Avenue, N.W.
Grand Rapids, Michigan 49504-9428

RE: Classification of stretch cords; modification of NYRL 838895, dated April 10, 1989

Dear Mr. Walters:

This is in further response to your letter dated March 22, 1989, requesting the classification of stretch cords, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise is represented by braided stretch cords from Taiwan, styles 87-05, 87-07, and 87-08. They are made of textile material of man-made fiber with a rubber core and plastic coated metal hooks on either end. New York Ruling Letter (NYRL) 838895, dated April 10, 1989, classified the cords as other made up articles of textile material under subheading 6307.90.9030, HTSUSA. We have had occasion to review that ruling and have found it necessary to modify the decision.

ISSUE:

What is the proper classification of the merchandise at issue?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of articles is to be determined according to the terms of the headings and any relevant section or chapter notes.

Heading 6307 provides for other made-up articles of any textile material which are not included more specifically in other headings of Section XI. However, Note 1 to Chapter 63 specifies that Sub-Chapter I applies only to made up articles of any textile fabric. Since the stretch straps are made of braided cordage, it is not a fabric for tariff purposes and is therefore precluded from classification in heading 6307, HTSUSA.

Braided cordage or textile covered rubber, when imported in continuous lengths is provided for under heading 5604, HTSUSA. The product in question however has been cut to length and fitted with steel hooks at each end. It has therefore been advanced in condition beyond the scope of heading 5604. Heading 5609, HTSUSA, provides for articles of cordage, rope or cable, not elsewhere specified or included. The Explanatory Notes to the HTSUSA constitute the official interpretation of the nomenclature at the international level. The Explanatory Notes to heading 5609 indicate that this provision includes cordage cut to length and fitted with rings, hooks, etc. We are of the opinion that the braided stretch cords are properly classifiable under heading 5609.

HOLDING:

The stretch cords in question are classified under subheading 5609.00.4000, HTSUSA, as articles of cordage not elsewhere specified or included, other, with duty at the rate of 7.8 percent ad valorem.

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

This notice to you should be considered a modification of NYRL 838895 under 19 CFR 177.9(d)(1) (1989), copy enclosed. It is not to be applied retroactively to NYRL 838895 (19 CFR 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for the importation of your merchandise under that
ruling. However, for the purposes of future transactions in merchandise of this type, NYRL 838895 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation, in that current contracts for importation arriving at a port subsequent to the release of HRL 087100 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances.

Sincerely,

John Durant, Director

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