us-cbp-cross-rulings-hq-087100•HQ 087100: Classification of stretch cords; modification of NYRL 838895, dated April 10, 1989
HQ 087100: Classification of stretch cords; modification of NYRL 838895, dated April 10, 1989
us-cbp-cross-rulings-hq-087100HQ 087100: Classification of stretch cords; modification of NYRL 838895, dated April 10, 1989Guidance
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.
- 2 -
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
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