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NY A85578




September 27, 1996

CLA-2-56:RR:NC:TP:351 A85578

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.41.3000; 5607.49.2500

Mr. James R. Cahill
Cahill Customs Consulting, Inc.
P.O. Box 821067
South Florida, FL 33082-1067

RE: The tariff classification of binder and baler twine from Guatemala.

Dear Mr. Cahill:

In your letter dated June 28, 1996, on behalf of McNeel International Corp., you requested a tariff classification ruling.

You have submitted two samples of binder and baler twine. The thin sample measures 13,826 decitex and 2.5 millimeters (mm) in width. According to our Customs laboratory, the thin twine has a runnage of 790.20 (mtrs./kg.), a calculated minimum twine breaking force of 41.00 decanewtons (daN) and a calculated minimum knot breaking force of 23.78 daN. The actual twine breaking force is 45.40 daN and the actual knot breaking force of 38.40 daN. Both of these values fall within the parameters of binder and baler twine.

The thick sample, according to Customs lab, measures 68,759 decitex and exactly 5 mm in width. Please note that a slight change in the apparent width of the this cord (5 mm) may affect the classification of this merchandise. The thick sample has a runnage of 140.15 (mtrs./kg.), a calculated minimum twine breaking force of 231.00 daN and a calculated minimum knot breaking force of 133.98 daN. The actual twine breaking force is 219.45 and the actual knot breaking force is 201.10. The actual twine breaking force for this thick twine is below the minimum required and therefore is not considered to be binder and baler twine.

Both samples are singles (not plied) with a Z-twist. In your letter, you state that the polypropylene hay baler twine is made of wide nonfibrillated strip measuring more than 25.4 mm in width in its untwisted condition. However, the twines' strips appear to have been fibrillated during the manufacturing process so that the are no longer considered to be wide nonfibrillated strip. We assume that the binder and baler twine has been stabilized against degradation by sunlight.

The applicable subheading for the "thin" twine will be 5607.41.3000, Harmonized Tariff Schedule of the United States (HTS), 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 polyethylene or polypropylene; binder and baler twine; other. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for the "thick" twine will be 5607.49.2500, Harmonized Tariff Schedule of the United States (HTS), 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 polyethylene or polypropylene; other; other. The rate of duty will be $.24/kg. plus 13.1 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jeff Konzet at 212-466-5885.

Sincerely,

Roger J. Silvestri
Director

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