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NY K82220




January 6, 2004

CLA-2-56:RR:NC:N3:351 K82220

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000

Ms. Jill Simmons
Manager
International Trade Consultants, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of twine, looped and cut to length.

Dear Ms. Simmons:

In your letter dated Dec. 15, 2003, you requested a ruling on behalf of Gareware-Wall Ropes, Ltd., of Tacoma, WA, on tariff classification.

You submitted two samples of the twine. They are marked “100% Nylon” and are twisted of three strands. The diameter of the twine is approximately 1/16”. The length is 225’ wound on a cardboard spool. The loose end is folded over to form a loop approximately 3”; this loop is held in place by a plastic-coated metal crimp. The samples will be returned as you have requested, although we have retained a piece as an official sample.

The applicable subheading for the twine, cut to length and looped, will be 5609.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of yarn, . . ., twine, cordage, rope or cables, not elsewhere specified or included, of man-made fibers. The general rate of duty will be 4.5 percent ad valorem. There are no quota restrictions or visa requirements for articles classified in subheading 5609.00.3000, HTS.

While your letter does not state the country of origin of the twine, the label states in very small print, “Made in the Russian Federation.” In addition, on each sample there is a stick-on label which states, “Factory - 232/2, Pune-Nashik Road, Bhosari, PUNE-411 039. (INDIA).”

Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

The merchandise, if imported in the condition as submitted for this ruling, would not be considered legally marked within the meaning of 19 C.F.R.134.

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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