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NY K82234

January 9, 2004

CLA-2-56:RR:NC:N3:351 K82234


TARIFF NO.: 5607.50.3500, 5607.50.4000

Mr. Greg Palmer
General Work Products, Inc.
4912 Mehurin St.
Jefferson, LA 70121

RE: The tariff classification of nylon ropes from India.

Dear Mr. Palmer:

In your letter dated Dec. 30, 2003, you requested a ruling on tariff classification.

You did not submit samples with your letter but in a telephone conversation with National Import Specialist Mitchel Bayer you indicated that one rope is three-strand twisted and the other is eight-strand braided.

The applicable subheading for the twisted nylon rope will be 5607.50.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for twine, cordage, rope and cable; of other synthetic fibers; not braided or plaited; other. The general rate of duty will be 19.9 cents per kg + 10.8 percent ad valorem.

This product falls within textile category designation 201. Based upon international textile trade agreements products of India are currently subject to quota and the requirement of a visa.

The applicable subheading for the braided nylon rope will be 5607.50.4000, HTS, which provides for twine, cordage . . . whether or not plaited or braided . . . of other synthetic fibers . . . other. The duty rate will be 3.6 percent ad valorem.

This product falls within textile category designation 669. Based upon international textile trade agreements products in category 669 from India are currently not 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

In your letter you state that you purchase nylon yarns in the United States and supply them to the rope manufacturer in India. There are a number of implications to this and you have not given us enough information to make any determinations. Firstly, the country of origin of the ropes may be affected. To make a determination that the rope is of other than Indian origin, we need to know where the nylon thread from which it is made was produced (extruded or spun).

Secondly, the twisting of the three-strand rope might be an allowable assembly operation under subheading 9802.00.80, HTS, which provides for articles assembled abroad in whole or in part of fabricated components that are themselves the product of the United States. To make this determination, we also need to know the same information as above regarding the origin of the nylon yarns, as well as the manufacturing process of the twisted rope in India. Please note that a braiding operation is considered to be a manufacturing (not assembly) process and thus the eight-strand braided rope would not be eligible for reduced duties under subheading 9802.00.80, HTS.

Thirdly, please note that the cost or value of the nylon thread that you supply may be considered a dutiable assist under Section 402 of the Tariff Act (TA). The term “assist” is defined as that which is supplied directly or indirectly by the buyer of imported merchandise, free of charge or at reduced cost, for use in connection with the sale of the merchandise for export to the U.S., under 19 U.S.C. 1401a(h)(1)(A). There are four categories of assists, but only the first, encompassing “materials, components, parts and similar items incorporated in the imported merchandise,” is potentially relevant to the instant situation. As an assist, the value of the nylon yarns would have to be added to the processing costs of the finished ropes before the ad valorem rate of duty is applied, pursuant to Section 402, TA. Additionally, please note that the value of any assist will include transportation costs to the place of production. See Section 152.103(d), Customs Regulations (19 C.F.R. §152.103(d)).

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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