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HQ 953067


March 10, 1993

CLA-2; CO:R:C:T 953067 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.4000

District Director of Customs
511 N. W. Broadway
Federal Building
Portland, Oregon 97209

RE: Application for further review of Protest No. 2904-92- 100189 under 19 U.S.C., section 1514(c)(2); classification of bungee cord; rubber; cordage, rope, cable; section XI, note 10.

Dear Sir:

This is in response to a request for further review of protest number 2904-92-100189, dated November 12, 1992, regarding the classification of bungee cords under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was provided to our office for examination.

FACTS:

The sample received is a six-inch section of bungee cord cut from an eighteen inch two hook bungee cord. It is composed of man-made fiber braid with a rubber core.

ISSUE:

Whether the subject merchandise is classified under heading 4016, HTSUSA, which provides for other articles of vulcanized rubber other than hard rubber, or heading 5609, HTSUSA, which provides for articles of twine, cordage, rope or cables, not elsewhere specified or included?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Where goods cannot be classified on the basis of GRI 1, the remaining GRI will be applied in order.

Section XI, note 10, HTSUSA, states that "elastic products consisting of textile materials combined with rubber threads are classified in this section." The subject merchandise is elastic as it returns to its original state after being stretched. It is composed of man-made textile fibers wound around numerous rubber threads. Accordingly, this item is classified in section XI.

Section XI, heading 5604, covers, inter alia, "rubber thread and cord, textile covered." The Explanatory Notes (EN) to heading 5604 state, in part:

(A) Rubber Thread and Cord, Textile Covered

Provided they are covered with textiles (e.g. by gimping or plaiting), this group includes, thread (single strand) of rubber, or any cross-section, and cord (multiple strand) of rubber, made of these threads.

The instant cord imported in material lengths fits this description. However, the sample has been cut to size and fitted with hooks. Therefore, the finished article is beyond the scope of this heading.

Section XI, heading 5609, covers, inter alia, "articles of cordage, rope or cables, not elsewhere specified or included." EN to heading 5609 state, in pertinent part:

This heading covers articles of the yarns of Chapters 50 to 55...It includes yarns, cordage, rope, etc., cut to length and looped at one or both ends, or fitted with tags, rings, hooks, etc.

The subject merchandise is a cord of man-made fibers (and rubber), cut to length and fitted with hooks. Accordingly, it is classifiable under heading 5609.

The importer argues, pursuant to GRI 3, that the bungee cord is classifiable as an article of rubber because the essential nature of this item is imparted by its rubber core. However, GRI 3 is inapplicable as classification of the merchandise may be determined, pursuant to GRI 1, under the terms of the headings of the tariff.

HOLDING:

Therefore, based on the foregoing discussion, the merchandise was properly classified in subheading 5609.00.4000, HTSUSA. Accordingly, the protest should be denied in full. A copy of this decision should be attached to the CF 19 Notice of Action to satisfy the notice requirement of section 174.30(a), Customs Regulations.

Sincerely,

John Durant, Director

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