us-cbp-cross-rulings-hq-087630•HQ 087630: Classification of luggage straps; modification of NYRL 840707, dated May 17, 1989
HQ 087630: Classification of luggage straps; modification of NYRL 840707, dated May 17, 1989
us-cbp-cross-rulings-hq-087630HQ 087630: Classification of luggage straps; modification of NYRL 840707, dated May 17, 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 087630
September 7, 1990
CLA-2:CO:R:C:G 087630 DRR 840707
CATEGORY: Classification
TARIFF NO.: 5609.00.4000
Mr. Randy Swords
Midway Sales, Inc.
P.O. Box 16509
Columbus, Ohio 43216-6509
Re: Classification of luggage straps; modification of
NYRL 840707, dated May 17, 1989
Dear Mr. Swords:
This is in further response to your letter dated May 2,
1989, requesting the classification of luggage straps, under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise is represented by luggage straps from
Taiwan, style 4015. They are made of braided textile material of
man made fiber, with a rubber core and plastic coated metal hooks
on either end. New York Ruling Letter (NYRL) 840707, dated May
17, 1989, classified them 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 luggage strap 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 luggage straps in question are classified under
subheading 5609.00.4000, HTSUSA, as articles of cordage not
elsewhere specified or included, other, with a duty 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.
-3-
This notice to you should be considered a modification of
NYRL 840707 under 19 CFR 177.9(d)(1) (1989), copy enclosed. It
is not to be applied retroactively to NYRL 840707 (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 840707 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 087631 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
rimmer library/peh
087630
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