HQ 087632: Classification of lashing cable; modification of NYRL 839706, dated May 2, 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 087632

                                September 7, 1990




CLA-2:CO:R:C:G  087632 DRR 839706

CATEGORY:  Classification

TARIFF NO.:  5609.00.4000

Mr. Terence Riley
Trans-Border Customs Services
149-09 183rd Street
Jamaica, New York 11413

Re:  Classification of lashing cable; modification of
     NYRL 839706, dated May 2, 1989 

Dear Mr. Riley:

 This is in further response to your letter dated April 12, 1989, on behalf of
Allison Corporation, requesting the classification of a lashing cable, under the
Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise is represented by a lashing cable from Taiwan, 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) 839706, dated May 2, 1989, classified
the cable 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 lashing cable is made of braided
cordage, it is not a textile 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 lashing cable in question is 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 839706 under 19
CFR 177.9(d)(1) (1989), copy enclosed.  It is not to be applied retroactively to
NYRL 839706 (19 CFR 177.9(d)(2) (1989)) and will not, therefore, affect the
transaction for the importation of your merchandise under that ruling.  However,
for the purposes of future transactions in merchandise of this type, NYRL 839706
will not be valid precedent.  We recognize that pending transactions may be
adversely affected by this revocation, in that current contracts  
                                       -3-


for importation arriving at a port subsequent to the release of HRL 087632 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
 6cc A.D.,N.Y. Seaport
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