HQ 957661 - Reconsideration of New York Ruling Letter (NYRL) 879703, NYRL 879704, NYRL 879705, NYRL - United States International Trade Commision Rulings

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HQ 957661

June 7, 1995

CLA-2 R:C:T 957661 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.50.2000

Steven P. Sonnenberg, Esq.
Sonnenberg & Anderson
200 South Wacker Drive
33rd Floor
Chicago, Illinois 60606

RE: Reconsideration of New York Ruling Letter (NYRL) 879703, NYRL 879704, NYRL 879705, NYRL
879706, NYRL 879732, NYRL 880358; classification of dipped man-made fiber; twine, cordage, ropes and cables.

Dear Mr. Sonnenberg:

This is in response to your letter, dated March 14, 1995, requesting reconsideration of the above-referenced New York ruling letters. These decisions concerned, in whole or in part, the tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS) of certain polyester and kevlar (aramid) cords. Samples were sent to this office for examination.

FACTS:

The instant goods are various plied, dipped multifilament polyester cords which are imported in continuous lengths. You indicate that the cords will be used in the core of power transmission belts for industrial and automotive uses. Samples have been submitted and organized by ruling number:

Rulings 879704/06 (November 3, 1992)

Exhibit A - S-15B: 20,220 decitex; 1st twist 152 T.P.M., 2nd twist 72 T.P.M.
Exhibit B - J-27AW 35,150 decitex; 1st twist 96 T.P.M., 2nd twist 52 T.P.M.
Exhibit C - S-24B 32,000 decitex; 1st twist 102 T.P.M., 2nd twist 55 T.P.M.
Exhibit D - S-9A 11,700 decitex; 1st twist 151 T.P.M., 2nd twist 90 T.P.M.

(All coated with Isocianate and Resorcinol Formalin Latex).

Rulings 879703/05 (November 3, 1992)

Exhibit E - S-15FW 19,140 decitex; 1st twist 152 T.P.M., 2nd twist 72 T.P.M.
Exhibit F - S-30B 40,380 decitex; 1st twist 110 T.P.M., 2nd twist 51 T.P.M.
Exhibit G - S-24FS 32,610 decitex; 1st twist 102 T.P.M., 2nd twist 55 T.P.M.
Exhibit H - J-33F 43,250 decitex; 1st twist 81 T.P.M., 2nd twist 47 T.P.M.

(All coated with Isocianate and Resorcinol Formalin Latex).

Ruling 880358 (December 3, 1992)

Exhibit I - K-6B 12,230 decitex; 1st twist 177 T.P.M., 2nd twist 88 T.P.M.

(Coated with Isocianate, Resorcinol Formalin Latex and Poly Chloroprene Rubber).

Ruling 879732 (November 12, 1992)

Exhibit J - S-10AW 13,500 decitex; 1st twist 210 T.P.M., 2nd twist 88 T.P.M.
Exhibit K - S-10B 13,800 decitex, 1st twist 210 T.P.M., 2nd twist 88 T.P.M.

(Coated with Isocianate, Resorcinol Formalin Latex and Poly Chloroprene Rubber).

In the referenced ruling letters, Customs classified the goods in subheading 5607.50.2000, HTSUS, which provides for twine, cordage, ropes and cables, of other synthetic fibers, not braided or plaited.

ISSUE:

What is the proper tariff classification for the polyester cords?

LAW AND ANALYSIS:

Section XI, Note 3, states in pertinent part that:

(A) For the purposes of this section, and subject to the exceptions in paragraph (B) below, yarns (single, multiple (folded) or cabled) of the following descriptions are to be treated as "twine, cordage, ropes and cables":

(b) Of man-made fibers (including yarn of two or more monofilaments of chapter 54), measuring more than 10,000 decitex;

(B) Exceptions:

(b) Man-made filament tow of chapter 55 and multifilament yarn without twist or with a twist of less than 5 turns per meter of chapter 54.

Polyester filaments are regarded as man-made fibers. See Chapter 54, Note 1. Pursuant to Section XI, Note 3, plied man-made fibers with a twist of more than 5 turns per meter are regarded as twine, cordage, ropes and cables. Twine, cordage, ropes and cables, produced by twisting, plaiting or braiding are classified in heading 5607. See Explanatory Notes, at page 779. As the instant cords measure more than 10,000 decitex and possess a twist of more than 5 turns per meter, they are prima facie classifiable in heading 5607.

The Explanatory Notes to the HTSUS, while not legally binding, represent the Customs Cooperation Council's official interpretation of the Harmonized System. It has therefore been the practice of the Customs Service to follow, whenever possible, the terms of the Explanatory Notes when interpreting the HTSUS. You contend that the Explanatory Note to heading 5607 evidences an intent to restrict the scope of the heading so as to exclude polyester cords used in power transmission belts.

The Explanatory Note to heading 5607, at pages 779-780, states in pertinent part:

This heading covers twine, cordage, ropes and cables, produced by twisting or by plaiting or braiding.

(1) Twine, cordage, ropes and cables, not plaited or braided.

Parts (I)(B)(1) and (2) (particularly the Table) of the General Explanatory Note to Section XI set out the circumstances in which single, multiple (folded) or cabled yarns are regarded as twine, cordage, ropes or cables of this heading.

Twine, cordage, ropes and cables are used as binder twine, for tying packages, towing, loading, etc. Their cross-section is usually round but some (e.g., some transmission cables) have a square, trapezoidal or triangular section. They are normally unbleached, but may be dyed, impregnated to make them rot-proof, formed of different coloured strands, or impregnated, coated, covered or sheathed with rubber or plastics.

These products are classified here whether or not cut to length.

(Emphasis added).

Part (I)(B)(2) of the General Explanatory Note to Section XI, at page 708, contains a table which indicates the proper classification of yarns of Chapters 50 to 55 according to their characteristics. The table reads in part as follows:

Type
Characteristics
Determining
Classification
Classification

Of man-made fibres
(including those yarns of two or more monofilaments
(1) Measuring
10,000 decitex or less;

(2) Measuring more than 10,000 decitex
Chapter 54 or
55

Heading 56.07

Footnotes.

(**) Silk worm gut of heading 50.06, multifilament yarn without twist or with a twist of less than 5 turns per metre, and monofilament, of Chapter 54, and man-made filament tow of Chapter 55 do not in any circumstances fall in heading 56.07.

Our attention is directed to the language which indicates that twine, cordage, ropes and cables "are used as binder twine, for tying, packages, towing, loading, etc." You argue that heading 5607 is limited to goods used for these purposes. As the instant cords will be used in power transmission belts, and not for tying or towing purposes, you reason that they are precluded from classification within heading 5607.

However, Section XI, Note 3, does not limit twine, cordage, ropes and cables to goods for specific purposes. Rather, the Note specifies that multifilament yarn composed of man-made fibers measuring more than 10,000 decitex and with a twist of more than 5 turns per meter are generally classified in heading 5607, HTSUS. Similarly, the Explanatory Note to heading 5607, in conjunction with Part (I)(B)(2) of the General Explanatory Note to Section XI, states that multifilament yarns of man-made fibers (not plaited or braided) meeting these specifications are classified in the heading. When taken in context it is clear that twine, cordage, ropes and cables used for binding and tying purposes are merely examples of how such goods may be used. Therefore, we do not agree that the subject merchandise is excluded from heading 5607.

Nevertheless, we recognize that polyester cords may also be described elsewhere in the Nomenclature. In that event, the goods shall be classified according to the terms of the headings and the applicable section and chapter notes, pursuant to General Rule of Interpretation 1; or the rules of specificity, essential character and numerical order as set forth in General Rule of Interpretation 3. For this reason, we turn to alternative classifications you advance as competing provisions.

Heading 5609, HTSUS, provides in part for articles of twine, cordage, rope or cables, not elsewhere specified or included. The Explanatory Note states that:

This heading covers...articles of twine, cordage, rope or cables of heading 56.07, other than those covered by a more specific heading in the Nomenclature.

It includes yarns, cordage, rope, etc., cut to length and looped at one or both ends, or fitted with tags, rings, hooks, etc., (e.g. shoe laces, clothes lines, towing ropes), ships' fenders, unloading cushions, rope ladders, loading slings, dish "cloths" made of a bundle of yarns folded in two and bound together at the folded end, etc.

You characterize heading 5609 as a basket provision for twine, cordage, rope or cables. Consequently, you argue that in the absence of a provision which more specifically describes the goods, the instant cords are classifiable within the heading.

However, as suggested by the terms of the headings and the applicable Explanatory Notes, heading 5609 should be distinguished from heading 5607 for the reason that it provides for articles of twine, cordage, rope or cables. The Explanatory Note to heading 5607, at page 780, states that goods of the heading are classified therein even when cut to length. By way of contrast, the Explanatory Note to heading 5609, at page 781, indicates that the heading includes cordage cut to length and made up at one or both ends, or otherwise made up into articles such as rope ladders, slings and dish cloths. Therefore, articles of heading 5609 must be advanced in condition so as to remove them from the scope of heading 5607. In this instance, the polyester cords are imported in continuous lengths. They have not been made up and remain within the scope of heading 5607. Hence, heading 5609 does not describe the goods.

Heading 5910, HTSUS, describes transmission or conveyor belts or belting, of textile material. The Explanatory Note to the heading, at page 821, states in part that:

These transmission or conveyor belts or belting are used for the transmission of power or the conveyance of goods. They are usually woven or plaited from yarns of wool, cotton, man-made fibres, etc...

Transmission or conveyor belts (i.e., lengths of belting cut to size and either with the ends joined together or furnished with fastenings for joining them together) are classified here irrespective of the thickness of the material.

(Emphasis added).

Thus, the term "belts" refers to "belting" which has been made up into a loop for the transmission of power or the conveyance of goods. Citing lexicographic sources, you construe the term "belting" so as to include all materials which will ultimately be incorporated into a belt. As the polyester cords will be used for this purpose, you submit that they are classifiable in heading 5910.

The Explanatory Note to heading 5910 specifies that belts and belting have usually been woven or plaited from yarns of various materials. Moreover, it states that lengths of belting are merely cut to size and joined together in order to form a belt. Consequently, we are of the opinion that "belting" refers to material which has been woven or otherwise made up into a sheet. The term "belting" does not describe a multifilament yarn or cord. For this reason, heading 5910 does not encompass the polyester cords.

Heading 5911, HTSUS, provides for textile products and articles, for technical uses, specified in note 7 to chapter 59. Chapter 59, Note 7, states that:

Heading 5911 applies to the following goods, which do not fall in any other heading of section XI:

(a) Textile products in the piece, cut to length or simply cut to rectangular (including square) shape (other than those having the character of the products of headings 5908 to 5910), the following only:

(i) Textile fabrics, felt and felt-lined woven fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes;

(ii) Bolting cloth;

(iii) Straining cloth of a kind used in oil presses or the like, of textile material or of human hair;

(iv) Flat woven textile fabrics with multiple warp or weft, whether or not felted, impregnated or coated, of a kind used in machinery or for other technical purposes;

(v) Textile fabric reinforced with metal, of a kind used for technical purposes;

(vi) Cords, braids and the like, whether or not coated, impregnated or reinforced with metal, of a kind used in industry as packing or lubricating materials;

(b) Textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes (for example, textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines (for example, for pulp or asbestos-cement), gaskets, washers, polishing discs and other machinery parts).

Under the terms of Chapter 59, Note 7(a), only the textile fabrics and products enumerated in 7(a)(i) through 7(a)(vi) fall within the scope of heading 5911. Note 7(b) enlarges the scope of this heading to include textile articles of a kind used for technical purposes. For reasons stated above, Note 7(b) is inapplicable in this case as the polyester cords have not been so advanced in condition so as to be regarded as made up articles.

Moreover, the textile products of Chapter 59, Notes 7(a)(i) through 7(a)(v) are restricted to certain cloths or fabrics. As polyester cords have not been woven or otherwise made up into cloths or fabrics, these provisions are inapplicable. Finally, Note 7(a)(vi) relates to cords, braids and the like, of a kind used in industry as packing or lubricating materials. The Note does not describe the instant goods as they are not used as packing or lubricating materials. Therefore, the polyester cords are not classifiable in heading 5911, HTSUS.

In view of the foregoing, the polyester cords are properly classified in heading 5607, HTSUS.

HOLDING:

NYRL 879703, NYRL 879704, NYRL 879705, NYRL 879706, NYRL 879732, NYRL 880358 are hereby affirmed. The subject merchandise is classifiable under subheading 5607.50.2000, HTSUS, which provides for 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 other synthetic fibers: not braided or plaited. The applicable rate of duty is 26.8 cents per kilogram + 14.6 percent ad valorem. The textile category is 201.

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 the subject of frequent negotiations 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 the 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 the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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