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HQ 966131




April 23, 2003

CLA-2 RR:CR:TE 966131 ttd

CATEGORY: CLASSIFICATION

TARIFF NO: 5806.32.2000; 6307.90.5020;

Mr. Kerry W. Keating
President and CEO
Mitchellace, Inc.
830 Murray Street
P.O. Box 89
Portsmouth, Ohio 45662-0089

RE: Reconsideration of Headquarters Ruling Letter (HQ) 965230; Certain Unfinished Shoe Lacings and Finished Shoelaces; Ruling Correct Based on Available Information, Not on Imported Merchandise

Dear Mr. Keating:

This is in response to your letter, dated November 21, 2002, requesting reconsideration of Headquarters Ruling Letter (HQ) 965230, dated June 3, 2002, regarding the classification of one style of unfinished shoe lacings, in the piece, and finished shoelaces. After review of that ruling, the Bureau of Customs and Border Protection (CBP) has determined that the classification for one of the ten styles, identified as L811P, based on its description at the time, was correct. While HQ 965230 is correct on its face, new information provided about style L811P, as presented in this ruling, forms the basis for this style being classified differently. A sample was submitted.

FACTS:

In HQ 965230, we classified ten styles each of unfinished shoe lacing materials, in the piece, and finished shoelaces, referred to as style numbers (nos.): 828, 1668, 1310R, 350R, 736SP, 16-287, 16310, 2152TP, L1200, and L811P. The items consisted of both unfinished lacing materials, shipped in continuous length and cut and tipped to length after importation, and finished lacing materials, cut and tipped to length when imported. In that ruling, we described style number L811P (the style presently at issue), as follows:

Style no. L811P is not of a braid or woven construction. This item appears to be made from ten strands of filament yarn assembled or held together with either a lock stitch or crochet yarn (eleventh yarn).

In HQ 965230, concerning style no. L811P, we observed the following:

. . . The NCSD [National Commodity Specialist Division] inquired specifically about the construction of Style L811P but did not receive a definitive answer other than the "L" stands for "loom" and the "P" stands for "polyester." However, after visual examination, the sample appears to be made of ten strands of filament yarn assembled or held together with either a lock stitch or crochet stitch yarn (an eleventh yarn). As such, style L811P is more suitable for binding and tying purposes, as twine or cordage. Accordingly, style L811P, in the piece, is properly classifiable in heading 5607, HTSUSA, which provides for twine, cordage, ropes and cables. As finished shoelaces, style L811P is properly classifiable in heading 5609, as articles of cordage.

In your letter dated November 21, 2002, you provided the following additional information on the production of style no. L811P:

The following is the construction and setup we use on a 6 space needle loom.

Warp- 10 ends of 2/300 Textured Polyester

Weft- 1 end of 2/300 Textured Polyester

There are 8 picks per inch (40/42 gears)

We use a No. 12 reed.

2 ends per dent

Threading 1 through 4 doubled.

Tubular cam

HQ 965230 was issued prior to the explanation provided in your letter about the actual production process of style L811P. However, based on the presumed facts and information available to CBP at the time HQ 965230 was decided, the classification of style L811P in HQ 965230 was correct. Thus, there is no need to revoke or modify HQ 965230. This letter provides a binding ruling as to the tariff classification of style L811P based on the newly submitted information.

ISSUE:

What is the proper classification of style number L811P as unfinished lacing materials in the piece and as finished shoelaces?

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides, in part, that classification decisions are to be “determined according to the terms of the headings and any relative section or chapter notes.” In the event that goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied.

The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level (for the 4 digit headings and the 6 digit subheadings) and facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI. While neither legally binding nor dispositive of classification issues, the EN provide commentary on the scope of each heading of the HTSUSA and are generally indicative of the proper interpretation of the headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).

Heading 5607, HTSUSA, provides for, among other things, “Twine, cordage, ropes and cables, whether or not plaited or braided. . . . ” In HQ 965230, based on our visual examination, sample L811P appeared to be made of ten strands of filament yarn assembled or held together with either a lock stitch or crochet stitch yarn (an eleventh yarn). Based on our understanding of the composition of L811P at that time, style L811P was considered to be more suitable for binding and tying purposes, as twine or cordage. Accordingly, we classified style L811P, in the piece, in heading 5607, HTSUSA. As finished shoelaces, style L811P was classified in heading 5609, as articles of cordage.

In your letter, you provided supplementary information about style L811P, specifically, that it is produced on a 6-space needle loom in a warp and weft manner. Based on the more detailed explanation about the production of style L811P, we are aware that it is not made of ten strands of filament yarn assembled or held together with either a lock stitch or crochet stitch yarn (an eleventh yarn). Therefore, we find that style L811P, under the present facts, is not more suitable for binding and tying purposes, and is not properly classified in the piece, in heading 5607, HTSUSA, as twine, cordage, ropes and cables.

Heading 5808, HTSUSA, provides for, inter alia, braids in the piece. The EN to heading 5808, HTSUSA, indicate, in pertinent part, that the heading covers:

(1) Flat or tubular braids.

Braid is made on special machines known as braiding or spindle machines.

Based on the information you provided, that style number L811P is indeed produced on a needle loom in a warp and weft manner, this style was not made on a special braiding or spindle machine. Accordingly, style L811P is not classifiable under heading 5808, HTSUSA, as braids in the piece.

Heading 5806, HTSUSA, provides for, among other things, narrow woven fabrics, other than goods of heading 5807. Heading 5807, HTSUSA, provides for "Labels, badges and similar articles of textile materials, in the piece, in strips or cut to shape or size, not embroidered." As the subject unfinished shoe lacing material is not a label, badge or similar article, it is precluded from classification in heading 5807, and therefore potentially classifiable in heading 5806.

In HQ 965230, issued to you on June 3, 2002, Customs classified style number L1200, in the piece, under subheading 5806.32.2000, HTSUSA. Style number L1200 was described as a tubular narrow woven fabric with a textile core. We determined that style L1200 was made on a loom and distinguishable from products made on a braiding machine. Therefore, we found that style number L1200 was not properly classified in heading 5808, HTSUSA, as braids in the piece. Rather, style number L1200, in the piece, was properly classified as a narrow woven fabric of man-made fibers other than ribbon. See also HQ 965492, issued to you on September 16, 2002, wherein Customs classified four styles of lacing materials (L1017, L4860, L8244SP and L1008) in subheading 5806.32.2000, HTSUSA.

In this situation, like style number L1200 in HQ 965230 (as well as four styles in HQ 965492), style L811P is also classified in heading 5806, HTSUSA, as a narrow woven fabric of man-made fibers other than ribbon.

Heading 6307, HTSUSA, provides for other made up articles of textile materials. The EN to heading 6307 state that the heading covers made up articles of any textile material which are not included more specifically elsewhere in the tariff schedule. Moreover, the EN to heading 6307 provide that the heading covers boot and shoe laces with fitted ends. In HQ 088320 dated March 15, 1991, Customs classified shoelaces of woven man-made fabrics with plastic fitted ends in heading 6307, HTSUSA. See also HQ 088759, dated June 18, 1991, wherein Customs classified flat braid fabric with rubber core and cut to length in heading 6307, HTSUSA.

The finished laces of style L811P as described herein, like the ones in HQ 088320, are made of man-made material and are for use as footwear lacings. Like the laces in HQ 088320, the subject laces are not more specifically provided for elsewhere in the tariff, and therefore, are properly classified in heading 6307, HTSUSA. The finished shoelaces of style L811P are properly classifiable in heading 6307, as other made up articles.

HOLDING:

Style number L811P, in the piece, is classified under subheading 5806.32.2000, HTSUSA, which provides for "Narrow woven fabrics, other than goods of heading 5807; Other woven fabrics: Of man-made fibers: Other." The general column one rate of duty is 6.3 percent ad valorem and the textile restraint category is 229.

Style number L811P, as finished laces, is classified in subheading 6307.90.5020, HTSUSA, which provides for "Other made up articles, Other: Corset lacings, footwear lacings or similar lacings, Other." The general column one rate of duty is 0.8 percent ad valorem and the textile restraint category is 669.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, previously available on the Customs Electronic Bulletin Board (CEBB), which is now available on the CBP website at www.customs.gov.

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 your local CBP office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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