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NY J81217

February 24, 2003

CLA-2-56:RR:NC:TA:351 J81217


TARIFF NO.: 5609.00.4000

Mr. Mark Kittel
Superior Brokerage Services Inc.
2600 East 81st Street
Bloomington, MN 55425

RE: The tariff classification of a “Tool Lanyard” from China.

Dear Mr. Kittel:

In your letter dated February 13, 2003, on behalf of Ergodyne, Inc., you requested a tariff classification ruling.

The sample submitted is a “Tool Lanyard.” It is constructed of a textile-covered rubber cord, which is covered with a woven textile fabric. One end of the rubber cord, which is not covered with the woven fabric, is folded over and sewn creating a loop with a plastic slide clasp. The other end of the cord, which is covered with the woven textile fabric, is folded over and sewn creating a small loop with a steel spring clip attached.

You state your belief that the proper classification for this item is in subheading 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. Your merchandise is considered composite goods, consisting of different materials or made up of different components, specifically the rubber cord, the woven fabric, and the metal clip. This item shall be classified as if it consisted of the material or component which gives it its essential character. If the woven fabric gave the article its essential character, then subheading 6307.90.9889, HTS, would be the correct classification. However, we have determined that the elasticized cord imparts the essential character.

The applicable subheading for the “Tool Lanyard” will be 5609.00.4000, HTS, which provides for articles of yarn, . . ., twine, cordage, rope or cables, not elsewhere specified or included. The rate of duty will be 4.3 percent ad valorem.

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 646-733-3102.


Robert B. Swierupski

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