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NY A84644

June 14, 1996

CLA-2-56:RR:NC:TP:351 A84644


TARIFF NO.: 5607.50.4000

Mr. William L. Rotondi
AEI-Carr Customs Brokerage Services
1800 West Lafayette
P.O. Box 33479
Detroit, MI 48232-5479

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of braided nylon rope from Canada; Article 509

Dear Mr. Rotondi:

In your letter dated June 4, 1996 you requested a ruling on the tariff classification and status under the NAFTA, of braided nylon rope from Canada, on behalf of Esprit Ropes Inc.

You have submitted a sample of a 100% nylon braided rope approximately 13 millimeters in diameter. It has an outer shell which is tightly braided, with a core consisting of several twisted yarns. Within the braided outer shell is a narrow (approximately 3 millimeter wide) strip of material which runs lengthwise through the rope, and on which is printed "THIS ROPE MEETS OR EXCEEDS PERFORMANCE REQUIREMENTS FOR LIFE SAFETY ROPE OF NFPA 1983, 1995 ED. ONTARIO HYDRO TECHNOLOGIES, ESPRIT ROPES INC., 2-PERSON ROPE, 1ST QTR. 1996." You indicate that the rope is exported to the United States on spools, for use as rescue rope by fire departments and also in professional and amateur mountain climbing. We assume that the rope is not retail-packaged for any particular use such as mountain climbing, but is imported on spools so that it will be suitable for a variety of uses.

You state that the yarn used to make this rope is extruded, dyed and twisted in the United States, and manufactured into rope in Canada. You do not state the origin of the nylon resin used to make the component yarns; we will assume for purposes of this ruling that the resin is imported from a non-NAFTA country.

The applicable tariff provision for the braided nylon rope will be 5607.50.4000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for twine, cordage, ropes and cables, whether or not plaited or braided...; of other synthetic fibers; other. The general rate of duty will be 6.5 percent ad valorem.

Each of the non-originating materials used to make the rope has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/56. The rope will be entitled to a 1.4 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

You have also asked about the applicability of HTSUSA 9802.00.50, which covers "articles exported for repairs or alterations," to the manufacturing of this rope in Canada. The processing in Canada goes beyond what is allowed under the provision for alterations and repairs in subheading 9802.00.50. Braiding is a manufacturing step needed to finish the article for its intended use, and is not a repair or an alteration.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Jeff Konzet at 212-466-5885.


Roger J. Silvestri

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