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NY A88136October 3, 1996


MAR-2-73:RR:NC:1:118 A88136

CATEGORY: MARKING

TARIFF NO.: 7312.10.2000, 7312.10.7000

Mr. Robert J. Hirschfield
General Manager
Wallingford's, Inc.
263 Main Street
Tilton, New Hampshire 03276

RE: The country of origin marking of wire rope articles.

Dear Mr. Hirschfield:

This is in response to your request for a marking ruling dated August 19, 1996.

You describe the item in your request as a logging choker which is used to haul cut logs. You state that you import wire rope cables from various countries, cut the rope to length and then place various fittings and hooks on the rope to create an article for hauling logs. It is your belief that the process of cutting the rope and attaching fittings in the United States substantially transforms the article into a new article which is a product of the United States.

The Customs Service maintains, based on U.S. v. Gibson Thompson Co., Inc.,(27 CCPA 267), that substantial transformation occurs when "a manufacturing process is performed on an item so that the item loses its identity and becomes an integral part of a new article with a new name, character and use." In addition Customs has also ruled that the attachment of fittings to wire rope to produce wire rope slings does not constitute a substantial transformation. Based upon the information that you have provided to us, we are unable to see a distinction between your product and the wire rope articles. Thus, it is our opinion that your product has not been substantially transformed and is not a product of the United States.

The "logging chokers" if produced from stranded wire will be classified in subheading 7312.10.2000 Harmonized Tariff Schedule of the United States (HTS), which provides for Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated: Stranded wire, ropes and cables: Other: Fitted with fittings or made up into articles. The rate of duty will be 4.6 percent ad valorem.

The "logging chokers" if produced from other than stranded wire will be classified in subheading 7312.10.7000 HTS, which provides for Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated: Stranded wire, ropes and cables: Ropes, cables and cordage other than stranded wire: Other: Fitted with fittings or made up into articles. The rate of duty will be 4.6 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 the office of National Import Specialist Kathy Campanelli at 212-466-5492.

Sincerely,

Roger J. Silvestri
Director

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