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NY J82490




March 17, 2003

CLA-2-56:RR:NC:N3:351 J82490

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.49.1500, 5607.49.2500

Mr. John T. Hyatt
Vice President
The Irwin Brown Company
212 Chartres Street
New Orleans, LA 70130

RE: The tariff classification of fibrillated polypropylene twine from Costa Rica.

Dear Mr. Hyatt:

In your letter dated February 25, 2003, you requested a ruling on behalf of General Works Products, Inc., on tariff classification.

Your letter states that you have included “several samples”; we received only two. Our ruling can only cover the two we have received. Both are made of polypropylene strip. One is twisted of two plies; it is 5 mm in diameter and has an “S” twist. The other is 2 mm in diameter with a “Z” twist.

In your letter you state the twines are composed of non-fibrillated film. However, both samples are fibrillated (split longitudinally). One of the methods by which plastic strips may be fibrillated is the physical twisting process and this is probably how these became fibrillated. Therefore, as your merchandise is comprised of fibrillated polypropylene strip, it is correctly classified as fibrillated twine.

You also state your belief that the correct classification of the merchandise is in subheading 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 tariff definition of binder and baler twine is found in the Explanatory Notes to subheading 5607.41. Among the specific requirements is a “Z” twist; thus, the 5mm is not baler and binder twine. Another requirement is that it be stabilized against degradation by sunlight (UV-stabilized). Your letter states that the twines will not undergo any chemical treatment prior to importation; we take this to mean they will not be UV-stabilized. Thus, neither twine falls within the definition of baler and binder twine.

The applicable subheading for the 2 mm twine will be 5607.49.1500, HTS, which provides for twine, cordage, ropes or 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, not braided or plaited; measuring less than 4.8 mm in diameter. The rate of duty will be 7.1 percent ad valorem.

The applicable subheading for the 5mm twine 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 11.6 cents per kg plus 6.3 percent ad valorem.

You also inquire about the applicability of “various trade programs now in effect in the Caribbean (CBI/CBTPA).” CBTPA (Caribbean Basin Trade Partnership Act) relates, as you acknowledge in your letter, to apparel and certain other textile articles (e.g., luggage) but not to twine. The Caribbean Basin Initiative (CBI) has been replaced by the Caribbean Basin Economic Recovery Act (CBERA). Tariff subheadings which are designated under the CBERA show the letter “E” in the Special Rates of Duty column in the tariff schedule. Subheading 5607.49, HTS, contains no “E” because it has not been designated as an eligible subheading for purposes of the CBERA.

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

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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