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NY 813339




August 11, 1995

CLA-2-56:S:N:N6:351 813339

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000

Mr. Donald W. Sutton
The Kangaroo Kord Company Inc.
11947-95 Ave.
Delta, B.C.
Canada V4C3V1

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of braided shock cord with hooks from Canada; Article 509

Dear Mr. Sutton:

In your letter dated January 16, 1995 and in your February 21, 1995 response to our request for additional information, you requested a ruling on the status of braided shock cord with hooks from Canada under the NAFTA. We responded to that request under ruling number NY 807811 on March 10, 1995. Following is an excerpt from that ruling letter:

You have enclosed a sample of a "Kangaroo Kord," which is a braided cord 61 millimeters in length and 6 millimeters in diameter, with a metal hook at each end. The cord has a core of rubber threads and is wrapped with nylon braid. One of the hooks includes a key-like device which enables the user to adjust the length of the cord.

The applicable tariff provision for the "Kangaroo Kord" will be 5609.00.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included; of man-made fibers. The general rate of duty will be 8.6 percent ad valorem.

You state in your letter that you have been advised, by the manufacturer of the cord portion of this product, "that they manufacture all materials used in this product, in the USA." This statement, which was in response to our written request to "state in what country the component fibers or filaments were produced," is not as definitive as it could be. We will assume, however, for purposes of this ruling, that you mean that the supplier manufactured not only the braided cord which appears in your product, but also (1) braided the nylon yarn, (2), spun, twisted and performed all other steps needed to make the yarn which was used to make the braid, and (3) created (i.e., extruded) the fiber which was used to make the yarn. If the assumptions that we have made are not correct, please advise this office immediately, because such information would change our conclusion as to the NAFTA status of this product.

Assuming that our above assumptions are correct, each of the non-originating materials used to make the "Kangaroo Kord" has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/56. The good will be entitled to a 2.3 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

In your letter dated July 11, 1995, and in a telephone conversation on July 31, 1995 with National Import Specialist Jeff Konzet, you indicated that the nylon yarn used to make this cord was manufactured in Canada rather than the United States. You requested a ruling based on this, and also requested a ruling on a dog leash made from braided shock cord and metal rings and snaps.

The fact that the nylon yarn used to make the "Kangaroo Kord" was made in Canada rather than the United States would not change our ruling on this product; the previous ruling as quoted above would apply to the new set of facts as well.

Regarding the dog leash, please submit a separate ruling request with a sample of the product and indicate the component materials and their sources (specifically, where they were manufactured).

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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