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NY M87206

October 24, 2006

CLA-2-56:RR:NC:N3:351 M87206


TARIFF NO.: 5607.49.1500, 5607.49.2500, 5607.49.3000, 5406.10.0090

David Gossi
Gossi Inc.
30255 Solon Industrial Pkwy
Solon, OH 44139

RE: The tariff classification of polypropylene filament ropes and yarns from China

Dear Mr. Gossi:

In your letter dated Oct. 6, 2006, you requested a tariff classification ruling.

You submitted seven samples of polypropylene filament ropes. They are all packaged in various lengths for retail sale. The samples will be returned as requested.

Three are of three-ply twisted construction in diameters of 1/4" (Part No. YTRP-1450), 3/8” (YTRP-3850), and 3/16” (YTRP-316100).

Due to the fact that you describe YTRP-316100 as being 3/16” (0.187”) in diameter, it will be classified as being less than 4.8mm (0.188976 inch) in diameter. Please note that even a slight change in the diameter may result in a change of classification and duty. The rope may be subject to Customs examination at the time of importation, and if the diameter is 4.8mm or greater it may be reclassified by Customs at that time.

The applicable subheading for the twisted rope YTRP-316100, measuring less than 4.8mm in diameter, will be 5607.49.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for twine, cordage, ropes and cables, ..., of polyethylene or polypropylene, other, other, not braided or plaited, measuring less than 4.8mm in diameter. The rate of duty will be 7% ad valorem.

The applicable subheading for the twisted ropes YTRP-1450 and YTRP-3850, will be 5607.49.2500, HTSUS, which provides for twine, cordage, ropes and cables, ..., of polyethylene and polypropylene, other, other, not braided or plaited, other. The rate of duty will be 9.8¢ per kilogram plus 5.3% ad valorem.

Part Nos. BR-31600, BR-1450, and BR-3850 are constructed of a core of compressed non-woven textile fabric sheathed in a braided polypropylene fabric. They are in diameters of 3/16”, 1/4", and 3/8”.

The applicable subheading for Part Nos. BR-31600, BR-1450, and BR-3850 will be 5607.49.3000, HTSUS, which provides for twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics: Of polyethylene or polypropylene: Other: Other. The duty rate will be 3.6% ad valorem.

Part No. NT-15225 (3 Pk) is comprised of three spools of three-ply nylon twisted yarn. Our examination reveals it to be filament yarn with an approximate decitex of 6400; because the decitex is less than 10,000, this product is considered yarn, as opposed to cordage, for tariff purposes. Each spool weighs approximately 72 grams. By virtue of the weight and decitex, the yarn meets the tariff definition of "put up for retail sale" found in Section XI, Note 4, HTSUS.

The applicable subheading for Part No. NT-15225 (3 Pk) will be 5406.10.0090, HTSUS, which provides for man-made filament yarn (other than sewing thread), put up for retail sale: synthetic filament yarn, other. The general rate of duty will be 7.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Subheadings 5607.49.1500 and 5607.49.2500 fall within textile category 201. Subheading 5607.49.3000 falls within textile category 669. Subheading 5406.10.0090 falls within textile category 200.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

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

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that Part No. NT-15225 (3 Pk) will be classified in new subheading 5406.00.00) under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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