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NY L82682




March 9, 2005

CLA-2-56:RR:NC:N3:351 L82682

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.90.9000

Peter Herrmann
American Falcon, Inc.
470 Main Street
Route 28
Harwich Port, MA 02646-1604

RE: The tariff classification of flax cord from India

Dear Mr. Herrmann:

In your letter dated February 8, 2005, you requested a tariff classification ruling.

The item in question is 5-plied (multiple) white cord composed of 100 percent vegetable fibers with the characteristics of flax. The yarn is treated with a substance of the polyethylene type and has an approximate decitex of 6448. It is wound on a spool that weighs 484 grams. Its box is labeled “100% FLAX / TEX 500 5 CORD LINEN THREAD / MADE IN INDIA.”

The applicable subheading for the flax cord will be 5607.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for twine, cordage, ropes, and cablesother, other. The rate of duty will be 6.3 percent ad valorem.

You state that the yarn is properly classifiable in subheading 5306.20.0000, HTS, which provides for flax yarn, multiple. However, Note 3(A) to Section XI, HTS, describes those yarns that are to be treated as twine, cordage, ropes or cables. In discussing flax yarns, the note specifies, at (c):
polished or glazed, measuring 1,429 decitex or more. . . .

This describes the sample you have sent us. You state that heading 5607 refers to bast fibers; however, you are misreading the provision, as only subheading 5607.10.0000, HTS, covers twine, cordage, etc., of bast fibers. As stated above, your flax cord is classified in subheading 5607.90.9000, HTS.

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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