HQ 087100: Classification of stretch cords; modification of NYRL 838895, dated April 10, 1989

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 087100

                                    August 17, 1990




            CLA-2:CO:R:C:G  087100 DRR  838895

            CATEGORY:  Classification

            TARIFF NO.:  5609.00.4000

            Mr. Ted Walters
            Meijer, Inc.
            2929 Walker Avenue, N.W.
            Grand Rapids, Michigan 49504-9428

            Re:  Classification of stretch cords; modification of NYRL
                 838895, dated April 10, 1989


            Dear Mr. Walters:

                 This is in further response to your letter dated March 22,
            1989, requesting the classification of stretch cords, under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise is represented by braided stretch cords
            from Taiwan, styles 87-05, 87-07, and 87-08.  They are made of
            textile material of man-made fiber with a rubber core and
            plastic coated metal hooks on either end.  New York Ruling
            Letter (NYRL) 838895, dated April 10, 1989, classified the
            cords as other made up articles of textile material under
            subheading 6307.90.9030, HTSUSA.  We have had occasion to
            review that ruling and have found it necessary to modify the
            decision.

            ISSUE:

                 What is the proper classification of the merchandise at
            issue?

            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI).  GRI
            1 provides that the classification of articles is to be
            determined according to the terms of the headings and any
            relevant section or chapter notes.











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                 Heading 6307 provides for other made-up articles of any
            textile material which are not included more specifically in
            other headings of Section XI.  However, Note 1 to Chapter 63
            specifies that Sub-Chapter I applies only to made up articles
            of any textile fabric.  Since the stretch straps are made of
            braided cordage, it is not a fabric for tariff purposes and is
            therefore precluded from classification in heading 6307,
            HTSUSA.

                 Braided cordage or textile covered rubber, when imported
            in continuous lengths is provided for under heading 5604,
            HTSUSA.  The product in question however has been cut to length
            and fitted with steel hooks at each end.  It has therefore been
            advanced in condition beyond the scope of heading 5604.
            Heading 5609, HTSUSA, provides for articles of cordage, rope or
            cable, not elsewhere specified or included.  The Explanatory
            Notes to the HTSUSA constitute the official interpretation of
            the nomenclature at the international level.  The Explanatory
            Notes to heading 5609 indicate that this provision includes
            cordage cut to length and fitted with rings, hooks, etc.  We
            are of the opinion that the braided stretch cords are properly
            classifiable under heading 5609.

            HOLDING:

                 The stretch cords in question are classified under
            subheading 5609.00.4000, HTSUSA, as articles of cordage not
            elsewhere specified or included, other, with duty at the rate
            of 7.8 percent ad valorem.

                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, you should contact your local Customs office prior
            to importation of this merchandise to determine the current
            status of any import restraints or requirements.

                 This notice to you should be considered a modification of
            NYRL 838895 under 19 CFR 177.9(d)(1) (1989), copy enclosed.  It
            is not to be applied retroactively to NYRL 838895 (19 CFR
            177.9(d)(2) (1989)) and will not, therefore, affect the
            transaction for the importation of your merchandise under that




















                                         - 3 -


            ruling.  However, for the purposes of future transactions in
            merchandise of this type, NYRL 838895 will not be valid
            precedent.  We recognize that pending transactions may be
            adversely affected by this revocation, in that current
            contracts for importation arriving at a port subsequent to the
            release of HRL 087100 will be classified under the new ruling.
            If such a situation arises, you may, at your discretion, notify
            this office and apply for relief from the binding effects of
            the new ruling as may be dictated by the circumstances.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division


            Enclosure