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HQ 086858


June 6, 1990

CLA-2 CO:R:C:G 086858 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.49.1500, 5608.90.30

Mr. Joe Khamvongsa
Asian Farm
2837 N. Locan Avenue
Fresno, CA 93727

RE: Rope and Net

Dear Mr. Khamvongsa:

This is in response to your letter dated March 19, 1990, requesting a tariff classification of cordage and a net article, imported from Thailand, under the Harmonized Tariff Schedule of the United States (HTSUSA). Two samples of cordage and one sample of a net article were submitted for our examination.

FACTS:

The cordage and the net article are made from polypropylene. Both samples of the cordage have twisted constructions and are made from fibrillated strip. The decitex for both samples exceeds 10,000 and the diameter of the cordage measures less than 4.8 mm. The net is of a knotted net construction. The cordage and net will be used for planting purposes to hang up long vines.

ISSUES:

What is the tariff classification of the cordage and net article?

Are the articles in question eligible for duty free treatment under 9817.00.5000, HTSUSA?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) set forth the manner in which merchandise is to be classified under the HTSUSA. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's, taken in order.

Heading 5607, HTSUSA, 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. The Explanatory Notes are the official interpretation of the HTSUSA at the international level and provide further guidance on the meaning of tariff headings. The Explanatory Notes to Heading 5607 provide that this heading covers twine, cordage, ropes and cables, produced by twisting or plaiting or braiding. The cordage at issue here is produced by twisting and would, therefore, be classifiable within Heading 5607. The appropriate subheading would be 5607.49.1500, HTSUSA, which provides for cordage, of polypropylene, other, other, not braided or plaited: measuring less than 4.8 mm in diameter.

Heading 5608, HTSUSA, provides for, inter alia, knotted netting of twine, cordage or rope. The instant netting is made of a knotted construction of cordage and would, therefore, be classifiable in Heading 5608, HTSUSA. The appropriate subheading is 5608.90.30, HTSUSA, which provides for knotted netting of twine, cordage or rope, other, other, other.

Subheading 9817.00.5000, HTSUSA, provides duty free treatment for machinery, equipment and implements to be used for agricultural or horticultural purposes. U.S. Note 2(e) to Chapter 98, Subchapter XVII, excludes all articles of textile materials from being classified within subheading 9817.00.50, HTSUSA. Articles classifiable in Section XI of the HTSUSA, which includes Chapter 56, HTSUSA, are considered textile materials for tariff classification purposes. Therefore, although the cordage and the netting appear suitable for agricultural use, since they are classifiable in Headings 5607, HTSUSA, and 5608, HTSUSA, they would not be eligible for duty free treatment under subheading 9817.00.50, HTSUSA.

HOLDING:

The cordage is classifiable in subheading 5607.49.1500, HTSUSA, which provides for cordage, of polypropylene, other, other, not braided or plaited: measuring less than 4.8 mm in diameter. The rate of duty is 8 percent ad valorem.

The netting is classifiable in subheading 5608.90.30, HTSUSA, which provides for knotted netting of twine, cordage or rope, other, other, other. The rate of duty is 10 percent ad valorem.

Pursuant to Section 502(a)(3) of the Trade Act of 1974 (19 U.S.C. Section 2652(a)(3) and General Note 3(c)(ii)(A), HTSUSA, Thailand has been designated a beneficiary developing country for the purposes of the Generalized System of Preferences (GSP),
provided for in Title V of the Trade Act of 1974, as amended (19 U.S.C. Section 2461, et seq.). If all applicable requirements are met under the GSP program, the netting, classifiable in subheading 5608.90.30, HTSUSA, would be entitled to free entry.

Sincerely,

John Durant, Director
Commercial Rulings Division

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