Classification of Satin rattail cord

HQ 967508 May 9, 2005 CLA-2 RR:CR:TE 967508 KSH TARIFF NO.: 5406.10.0090 Colleen O’Shea-Moran Darice, Inc. 13000 Darice Parkway, Park 82 Strongsville, Ohio 44149-3800 RE: Classification of Satin rattail cord Dear Ms. O’Shea-Moran: This is in reply to your letter dated January 12, 2005, in which you requested a ruling regarding the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of satin rattail cord. Your request for classification was forwarded to Customs and Border Protection (CBP) Headquarters and upon review by the Office of Regulations and Rulings, the subject merchandise is classified in subheading 5406.10.0090, HTSUSA, for the reasons set forth below. One sample was submitted to this office for examination and was considered in conjunction with your request. FACTS: The merchandise at issue is identified as item number 1814-33 1 mm Satin Rattail Cord. It is composed of 100% nylon filaments and is wound on a retail spool of twelve yards and weighs 25.5 grams as presented. The decitex is approximately 7406. The spool is labeled “Craft Cord/ Jewelry Designer.” In a phone conversation with the National Commodity Specialist Division you indicated that the rattail cord is woven on a high speed loom with no knit stitches. Laboratory analysis indicates that the outer surface is comprised of a knitted core with a chain base and loops to secure the outer filament yarns that are solid and trilobal. The inner filaments are solid and of nearly round cross section. The inner filaments are visible through the outer surface in some areas. The sample is not woven and no braided elements were found. ISSUE: Whether the satin rattail cord is classifiable in heading 5607, HTSUSA, as twine, cordage, rope or cable or heading 5406, HTSUSA, as a man-made filament yarn. LAW AND ANALYSIS: Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the 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 Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI. You state that after reviewing the Chapter Notes and Explanatory Notes, the rattail cord should be classified in subheading 5607.50, HTSUSA, as cordage or 5609.00, HTSUSA, cordage not otherwise provided for in the Nomenclature. You also duly note that prior rulings on substantially similar merchandise have classified such merchandise in Chapter 60, HTSUSA, as knit fabric. We have determined that there may be rulings in error that will be revoked or modified, as appropriate, in accordance with the procedures set forth in 19 U.S.C. 1625. Chapter 56, HTSUSA, covers in part twine, cordage, ropes and cables. The EN to heading 5607, HTSUSA, states, in relevant part: This heading covers twine, cordage, ropes and cables, produced by twisting or by plaiting or braiding. (1) Twine, cordage, ropes and cables, not plaited or braided. Parts (I)(B) (1) and (2) (particularly the Table) of the General Explanatory Notes to Section XI set out the circumstances in which single, multiple (folded) or cabled yarns are regarded as twine, cordage, ropes or cables of this heading. The Explanatory Notes to Heading 5609, HTSUSA, provide in relevant part, “This heading covers articles…. of twine, cordage, rope or cables of heading 56.07, other than those covered by a more specific heading in the Nomenclature. Section XI, General Note (I)(B)(2), HTSUA, provides in relevant part: (2) Distinction between single, multiple (folded) or cabled yarns of Chapters 50 to 55, twine, cordage, rope or cables of heading 56.07 and braids of heading 58.08. * * * Chapters 50 to 55 do not cover all yarns. Yarns are classified according to their characteristics (measurement, whether or not polished or glazed, number of plies) in those headings of Chapters 50 to 55 relating to yarns, as twine, cordage, rope or cables under heading 56.07, or as braids under heading 58.08. Table I below shows the correct classification in each individual case: Yarns, twine, cordage, rope and cables of man-made fibres are classified in Chapter 54 or 55, HTSUSA, if they measure 10,000 decitex or less and in Heading 56.07, HTSUSA, if they measure more than 10,000 decitex. The satin rattail cord measures approximately 7,406 decitex. Thus, by the terms of Section XI, General Note (I)(B)(2), HTSUSA, the rattail cord must be classified in Chapter 54 or 55, HTSUSA, and not in Heading 56.07, HTSUSA, as you suggest. Moreover, the Explanatory Notes to Heading 5607, HTSUA, state that the cordage classified therein is produced by twisting or by plaiting or braiding. The satin rattail cord is produced by knitting or weaving. Accordingly, the satin rattail cord must be classified in heading 5406, HTSUSA, which provides for “Man-made filament yarn (other than sewing thread), put up for retail sale: Synthetic filament yarn, Other.". HOLDING: The satin rattail cord is classified in subheading 5406.10.0090, HTSUSA, which provides for “Man-made filament yarn (other than sewing thread), put up for retail sale: Synthetic filament yarn, Other." The general column one rate of duty is 7.5 percent ad valorem. Merchandise classified in subheading 5406.10.0090, HTSUSA, falls within textile category 200. Quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. Sincerely, Myles B. Harmon, Director Commercial Rulings Division