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HQ 089586

September 12, 1991

CLA-2 CO:R:C:T 089586 HP


TARIFF NO.: 5607.49.2500

Ms. Maureen Shoule
J.W. Hampton, Jr., & Co., Inc.
15 Park Row
New York, NY 10038

RE: NYRL 861880 affirmed. The methods by which plastic strips may be fibrillated (split longitudinally) include the physical twisting process.

Dear Mr. Sutter:

This is in reply to your letter of April 17, 1991, to our New York office. That letter concerned the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of polypropylene rope, produced in Portugal. Please reference your client Amalgamated Cordage.


The merchandise at issue consists of yellow polypropylene rope put up for retail sale; catalog number PPC-7. The cordage is of twisted 3-strand construction, and made of strip. The sample measures 3/8" in diameter by 50' in length.

We assume that the cordage measures more than 10,000 decitex.

In NYRL 861880 of April 11, 1990, we classified this merchandise as other fibrillated rope or cordage. You disagree, stating that the rope is made from nonfibrillated polypropylene strip over 1" wide.


Whether the instant cordage is made from fibrillated or nonfibrillated strip?


Heading 5607, HTSUSA, provides for, inter alia, both fibrillated and nonfibrillated rope and cordage. You argue that since the instant rope was made from nonfibrillated strip over one inch wide, and that any resulting fibrillation in the product as imported was due to the twisting (construction) operation, the rope should be classified as "of wide nonfibrillated strip." We disagree.

In HRL 083629 PR of March 26, 1990, we held that the term "fibrillation" requires a strip to be split into visible interconnecting fibrils. After reviewing diverse technical literature, we determined that among the methods by which plastic strips may be fibrillated (split longitudinally) included the physical twisting process. See Gordon, THE HANDBOOK OF POLYOLEFIN FIBERS (1967). Therefore, as your merchandise is comprised of fibrillated polypropylene strip at the time of importation, it was correctly classified as fibrillated rope. NYRL 861880 is affirmed.


As a result of the foregoing, the instant merchandise is classified under subheading 5607.49.2500, HTSUSA, textile category 201, as twine, cordage, ropes and cables, whether or not impregnated, coated, covered or sheathed with rubber or plastics, of polyethylene or polypropylene, other, other, other. The applicable rate of duty is 27.6/kg + 15 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent negotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


John Durant, Director
Commercial Rulings Division

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