United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G82822 - NY G82875 > NY G82846

Previous Ruling Next Ruling
NY G82846

November 20, 2000

CLA-2-63:RR:NC:TA:351 G82846


TARIFF NO.: 6307.90.5010, 6307.90.5020, 5808.10.7000

Kerry W. Keating
President and CEO
Mitchellace, Inc.
830 Murray Street
P.O. Box 89 Portsmouth, Ohio 45662-0089

RE: The tariff classification of shoe laces and lacings from Honduras made of U.S. components; eligibility under CBERA.

Dear Mr. Keating:

In your letter dated October 11, 2000, you requested a tariff classification ruling on footwear laces and lacing imported in the piece and also a ruling on the eligibility of the merchandise under the Caribbean Basin Economic Recovery Act (CBERA). That letter was a follow-up to one of August 22, which we had to return for more information. Please note for the future that our usual procedure is to limit such requests to no more than five (5) items.

Your have submitted numerous samples of two types of footwear laces, some of which are flat braid and the balance tubular braid. You state that all braided laces and lacing, by which we assume you mean the tubular braids, “are braided on machines that have 8 carriers, 16 carriers or 44 carriers. Yarn is received on cones. The yarn is then wound onto braider bobbins. When loaded the bobbin is then placed on the carriers.” You state that the woven laces, by which we assume you mean the flat braids, “are woven on needle looms. A varying number of ends of yarn are wound onto beams. The size braid determines the size of yarn to be used and the number of ends used. The beams are loaded behind the loom and threaded in certain patterns.”

In an E-mail message of November 17 to National Import Specialist Mitchel Bayer, you attempted to clarify the difference between, on the one hand, your round braid laces and, on the other hand, cordage: “Our round shoe laces are made on braiders or looms that are tubular and in fact in most cases has a filler running through the center. Cordage is made on a solid cord braider and is not tubular such as blind cords or solid cords or ropes. It would seem us that flat and round shoe laces would be classified the same,” presumably under subheading 6307.90 of the Harmonized Tariff Schedule of the United States (HTS), an opinion you stated in an earlier telephone conversation.

Your letter states that the finished laces may be imported in either of two ways: as packaged pairs, or in bulk to be paired and packaged in this country. The lacing, imported on rolls as piece goods (“continuous length”), is to be made up into finished footwear laces (cut to length and tipped) in this country. Please note that the imported finished footwear laces are considered “made up articles” for tariff purposes.

The applicable subheading for the following styles of finished shoe laces, 440TP, 440C, 4437TP, L4860, 4463SP, L8244SP, L1008, 4470SP, 5653TP, 344TP, L1017, 7441TP, 367, and 5441TP, all of flat braid, some of cotton and the balance of man-made fibers, will be 6307.90.50, HTS, which provides for “Other made-up articles: . . . Other: . . . Corset lacings, footwear lacings, or similar lacings.” Those of cotton will be classified in 6307.90.5010; those of man-made fibers will be classified in 6307.90.5020. The general rate of duty will be 3.2 percent ad valorem.

The applicable subheading for these same styles, if imported in the piece (lacing), will be 5808.10.7000, HTS, which provides for “Braids in the piece . . .: other: of cotton or man-made fibers.” The general rate of duty will be 7.8 percent ad valorem.

Subheading 6307.90.5010 falls within textile category designation 369. Subheading 6307.90.5020 falls within textile category designation 669. Subheading 5808.10.7000 falls within textile category designation 229. However, based upon international textile trade agreements, products of Honduras are not at this time subject to quota restrictions or the requirement of a visa.

The question of classification for the following styles of finished shoelaces, 828, 1668, 1310R, 35 R, L1200, 16-287, 16310, 736SP, L811P, and 2152TP, all of tubular braid and made of either polyester or nylon, is being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

You also seek a ruling on the eligibility of this merchandise under the Caribbean Basin Economic Recovery Act (“CBERA”). The CBERA states that “textile and apparel articles which are subject to textile agreements” are not eligible for the duty-free treatment provided by the CBERA. 19 U.S.C. §2703(b)(1). The Customs Regulations repeat this prohibition against textile and apparel articles subject to textile agreements receiving duty-free CBERA treatment at 19 C.F.R. §10.191(b)(2)(i). Goods classifiable under subheadings 5808.10.7000 or 6307.90.50, HTS, are subject to textile agreements, even though there are none in effect at this time with regards to Honduras. Thus, the laces which are the subject of this ruling are not entitled to duty-free treatment under CBERA.

Your original letter stated that the laces are manufactured from “100% USA raw materials. It is our understanding that there is no duty if USA raw materials are being used.” Please be advised that there is no provision of law that allows duty-free treatment for goods produced with American components, unless the process is the mere assembly of such components; what you describe is a manufacturing, not assembly, process. Thus, duty-free treatment for your imported laces and lacing is not allowable.

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 Mitchel Bayer at 212-637-7086.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: