HQ 087929: Braided or plaited cordage of polypropylene filaments and wide nonfibrillated strip from Mexico.

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 087929

                           April 15, 1991




   CLA-2 CO:R:C:T  087929  HP

   CATEGORY:  Classification

   TARIFF NO.:  5607.49.1000; 5607.49.3000

   Lic. Rolando Garca Trevio
   Filamentos Y Cordeles, S.A. De C.V.
   Calzada la Huerta No. 3600
   Apartado Postal 22
   Morelia, Mich.
   Mxico

   RE:  Braided or plaited cordage of polypropylene filaments and
   wide nonfibrillated strip from Mexico.

   Dear Mr. Trevio:

        This is in reply to your letter of September 3, 1990,
   concerning the tariff classification of polypropylene rope,
   produced in Mxico, under the Harmonized Tariff Schedule of
   the United States Annotated (HTSUSA).

   FACTS:

        The merchandise at issue consists of polypropylene rope,
   constructed by extrusion at high temperatures and processed by
   platting (a.k.a. plaiting or braiding).  You have submitted
   samples ranging in diameter from 3mm (1/8") to 25mm (1").  You
   have suggested that classification in subheading 5502.00.0000,
   HTSUSA, is appropriate.

        In addition to the above rope, you have also requested
   classification of a polypropylene twisted split film rope.

   ISSUE:

        Whether the instant merchandise is considered cordage
   under the HTSUSA?

   LAW AND ANALYSIS:

        Cordage of Polypropylene Filaments

        Heading 5502, HTSUSA, provides for artificial filament
   tow.  As polypropylene* is a synthetic, not artificial
   material, this heading is inappropriate.

        Heading 5501, HTSUSA, provides for synthetic filament
   tow.  Cordage is clearly not filament tow (usually 25mm to
   180mm in length); classification in heading 5501 is therefore
   incorrect.

        Heading 5607, HTSUSA, provides for, inter alia, cordage.
   The Explanatory Notes to this heading state that ALL plaited
   or braided cordage is classified herein regardless of their
   weight per meter.

        Cordage of Polypropylene Film

             Subheading 5607.49.1000, HTSUSA, provides for
   polypropylene cordage of wide nonfibrillated strip.
   Additional U.S. Note 1 to Chapter 56, HTSUSA, states:

             The term "of wide nonfibrillated strip",
             as applied to ... cordage ... of
             subheading[] ... 5607.49.10, embraces
             products which contain more than 65
             percent by weight of nonfibrillated
             polyethylene or polypropylene strip
             (whether folded, twisted or crimped)
             measuring more than 25.4 mm in width in
             unfolded, untwisted and uncrimped
             condition.

        Laboratory analysis has determined that:

             [t]he sample, a piece of yellow cordage
             measuring 28 cm long, has three strands,
             each consisting of six plies of folded,
             crimped, and twisted strip. This strip
             consists of 100 percent by weight of
             polypropylene nonfibrillated film
             measuring more than 25.4 mm in width in an
             unfolded, untwisted, and uncrimped
             condition.

   Subheading 5607.49.1000, HTSUSA, is therefore applicable.

                             End Notes

* The Explanatory Notes (EN) to the HTSUSA constitute the
official interpretation of the tariff at the international
level.  While not legally binding, they do represent the
considered views of classification experts of the Harmonized
System Committee.  It has therefore been the practice of the
Customs Service to follow, whenever possible, the terms of the
Explanatory Notes when interpreting the HTSUSA.

  The Explanatory Notes to chapter 54, HTSUSA, define
polypropylene as synthetic fibers "composed of acyclic saturated
hydrocarbon linear macromolecules having in the macromolecular
composition at least 85% by weight of units with every other
carbon atom carrying a methyl side group in an isotactic
position and without further substitution."

   HOLDING:

        As a result of the foregoing, the instant merchandise is
   classified as follows:

   Cordage of Polypropylene Filaments

        under subheading 5607.49.3000, HTSUSA, textile category
        669, as 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
        applicable rate of duty is 7.2 percent ad valorem.

   Cordage of Polypropylene Film

        under subheading 5607.49.1000, HTSUSA, as 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, of wide nonfibrillated strip.
        Articles classified under subheading 5607.49.1000,
        HTSUSA, when imported from designated beneficiary
        countries, are entitled to Free duty rate under the
        Generalized System of Preferences.  Section 503, Trade
        Act of 1974.  Otherwise, the General rate of duty is 5.3
        percent ad valorem.

        The designated textile and apparel category may be
   subdivided into parts.  If so, visa and quota requirements
   applicable to the subject merchandise may be affected.  Since
   part categories are the result of international bilateral
   agreements which are subject to frequent negotiations and
   changes, to obtain the most current information available, we
   suggest that you check, close to the time of shipment, the
   Status Report On Current Import Quotas (Restraint Levels), an
   issuance of the U.S. Customs Service, which is updated weekly
   and is available at your local Customs office.

        Due to the changeable nature of the statistical
   annotation (the ninth and tenth digits of the classification)
   and the restraint (quota/visa) categories, you should contact
   your local Customs office prior to importing the merchandise
   to determine the current status of any import restraints or
   requirements.


                             Sincerely,





                       John Durant, Director
                    Commercial Rulings Division