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NY I82607




June 3, 2002

CLA-2-56:RR:NC:N3:351 I82607

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.49.2500, 5607.49.1500

Mr. William Negron
Inter-World Customs Broker, Inc.
P.O. Box 9066280
San Juan, PR 00906-6280

RE: The tariff classification of polypropylene ropes from Venezuela.

Dear Mr. Negron:

In your letter dated May 17, 2002, you requested a ruling on behalf of Caribbean American Sales, Inc., of Rio Piedras, PR, on tariff classification.

You submitted three samples of polypropylene rope. With each, you included the polypropylene polymer pellets used to make the rope (for the yellow ropes, you included samples of the pigment pellets) along with samples of the intermediary step (split film or filament). For each you also included a manufacturing flow chart.

Sample 1 is a yellow rope, approximately14 mm in diameter, composed of three strands twisted together. Each strand is composed of fibrillated split film.

Sample 2 is also approximately14 mm in diameter and composed of three strands twisted together. However, each strand is composed of monofilaments.

Sample 3 is a white twine made of fibrillated split film. It measures less than 4.8 mm in apparent average diameter.

A simple desk test reveals that each has a decitex greater than 10,000.

In your letter you state that the importer believes the correct classification to be in subheading 5607.41.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for binder and baler twine; of wide, non-fibrillated strip. However, none of the samples is made of wide, non-fibrillated strip. In addition, this is a use provision; to be classified here, the twine must be used for binding or baling and you have given no indication of this. Samples 1 and 2, the larger, twisted ropes, are hardly of the kind used to bind or bale, and sample 3, which might be, is described in your letter as “TYING TWINE – GENERAL USE.”

The applicable subheading for samples 1 and 2 will be 5607.49.2500, 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: . . . , not braided or plaited: . . . other. The general rate of duty will be 7.2 percent ad valorem + 13.4 cents per kg.

The applicable subheading for sample 3 will be 5607.49.1500, HTS, which provides for twine, cordage, ropes and cables, of polyethylene or polypropylene, other, other, not braided or plaited, measuring less than 4.8 mm in diameter. The general rate of duty will be 7.2 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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