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February 24, 1995
957169 CMR

TO : Chief, Textiles & Plastics Branch
New York Seaport

FROM: Director, Commercial Rulings Division Headquarters, U.S. Customs Service

RE : Double Difference with Minneapolis; Classification of braided metallic cord with knots on ends

This memorandum is in response to your memorandum received in this office on October 14, 1994 concerning a classification difference with the port of Minneapolis.

The merchandise at issue is a decorative 21-inch long braided metallic cord with knots on both ends. The cord has a metallic braid outer surface covering a knit man-made fiber textile core.

The Minneapolis team leader believes the item should be classified as an article of cord under heading 5609, HTSUSA. This view is based on the fact that the item is used in its imported length with essentially no alterations and that the end knots provide a decorative feature in addition to preventing the braid from fraying.

Your office has taken the position that merely knotting the ends of the cord does not change it into an article. We must agree with you.

In deciding if the metallic braid is an article, we must consider Notes 7 and 8 of Section XI. Note 7 defines the expression "made up" for purposes of Section XI. Note 8 states, in relevant part:

Chapters 50 to 55 and, except where the context otherwise requires, chapters 56 to 60, do not apply to goods made up within the meaning of note 7 above. [bold added.]

Chapters 56 to 60 contain provisions for fabrics and articles. Thus, we construe the language in Note 8 above, "except where the context otherwise requires", to indicate that when a provision within chapters 56 to 60 provides for articles, those articles must be "made up" within the meaning of Note 7, Section XI.

Note 7, Section XI, states, in relevant part:

(b) Produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, tablecloths, scarf squares, blankets);

(c) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unravelling by whipping or by other simple means;

In regard to the portion of Note 7 cited above, "produced in the finished state, ready for use" has been taken to mean that the good is complete when it comes off the loom or knitting machine. Although the cord has knotted ends, it does not have a knotted fringe at the edges. The metallic braid cord at issue does not meet any of the definitions of "made up" provided in Note 7. Therefore, it may not be classified as an article. The metallic braid at issue remains classified as braid in the piece of heading 5808, HTSUSA.

Note 2(A), Section XI, provides, in relevant part:

Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or mote textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

Subheading Note 2, Section XI, provides, in part:

(A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials.

(B) For the application of this rule:

(a) Where appropriate, only the part which determines the classification under general interpretative rule 3 shall be taken into account;

As we have stated, the metallic braid at issue is classified in heading 5808, HTSUSA. Thus, Subheading Note 2 is applicable. The subject braid consists of an exterior metallic braid with a knit man-made fiber core. As such, it is a composite good. GRI 3(b) directs that for a composite good consisting of different materials, which cannot be classified by reference to GRI 3(a), classification shall be according to the component that imparts the essential character of the good. In this case, we believe the metallic braid sheath imparts the essential character of the good.

The metallic braid at issue is classified in subheading 5808.10.9000, HTSUSA, which provides for braids in the piece, other than braids in the piece suitable for making or ornamenting headwear, dutiable at 8 percent ad valorem.

John Durant

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