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NY F83565

March 2, 2000

CLA-2-56:RR:NC:TA:351 F83565


TARIFF NO.: 5607.49.1500

Ms. Marie Knight
Phoenix International
28466 Highland
Romulus, MI 48174

RE: The tariff classification of a tree stake kit from China

Dear Ms. Knight:

In your letter dated February 15, 2000, you requested a classification ruling on behalf of United Global Sourcing.

A sample of a tree stake kit was enclosed. The kit is comprised of three wood stakes, a length of non woven fabric, approximately 2.5 inches in width, a 3 ply twisted rope made of polypropylene and three metal eye loops. The purpose of the kit is to stabilize a tree so that it grows “straight”. It is the opinion of this office that the rope provides the essential character of the kit. The rope measures approximately 4 mm in diameter.

The applicable subheading for the tree stake kit will be 5607.49.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for twine, cordage, rope and cables, of polyethylene or polypropylene, other, other, not braided or plaited, measuring less than 8 mm in diameter. The duty rate will be 7.4 percent ad valorem.

The rope falls within textile category designation 201. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 Camille Ferraro at 212-637-7086.


Robert B. Swierupski

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