HQ 084989

October 3, 1989

CLA-2 CO:R:CV:G: 084989 JLV (NY 841965)

CATEGORY: Classification

TARIFF NO.: 5607.50.4000

Mr. John A. Slagle

Wolf D. Barth Co., Inc.

7575 Holstein Avenue

Philadelphia, PA 19153

RE: Coated braided yarn cut to length but not made up into

fishing line

Dear Mr. Slagle:

In a letter of May 31, 1989, on behalf of your client,

Gudebrod, Inc., P.O. Box 357, Pottstown, Pennsylvania, you

requested a ruling on the classification of a braided fishing

line. A sample of the article to be imported was submitted.

This decision is our ruling on the classification under the

Harmonized Tariff Schedule of the United States Annotated

(HTSUSA).

FACTS:

The merchandise is described as \"braided polyester

fishing line with a nylon coating put up on a plastic spool.\"

The submitted sample is a continuous length, measuring

approximately 110 yards, wound onto a plastic spool. You

state that the line is \"fishing line.\" The line is divided

into five colored sections, each of which is approximately 22

yards in length. It is said to be 22 lb. test line, measuring

0.55 mm in thickness. The line consists of a coated braided

construction yarn with a core of multifilament yarns.

Based on the stated thickness and strength, the line

appears to measure 10,000 decitex or less and to have a

tenacity greater than 53 centinewtons per tex. The sample,

wound on a plastic spool in the specific, multicolored length,

is said to be imported for retail sale in that condition.

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ISSUE:

Is the coated braided polyester article considered to be

a yarn, cord or gut or the like for fishing, which is made up

into fishing lines?

LAW AND ANALYSIS:

The nylon coated braided material is a coated braided

yarn that, prima facie, is within the description of headings

5604, 5607, 5808, and 9507, HTSUSA. However, if it is a

\"sports requisite,\" i.e., fishing tackle in heading 9507, for

purposes of the exclusion in note 1(t), section XI, it is

classified in heading 9507. General Rule of Interpretation

(GRI) 1, HTSUSA.

Heading 9507 is limited by note 1(c), chapter 95, which

excludes \"\[y\]arns \* \* \* or the like for fishing, cut to length

but not made up into fishing lines, of \* \* \* Section XI.\"

(Emphasis added.) The Explanatory Notes (EN) to heading 9507

list, among the items within the term \"tackle,\" articles

described as mounted lines and casts. No other examples of

fishing lines are given. The article in question is merely

cut to length and wound on a spool. The spool is merely a

holder and is not an article which is used, in and of itself,

as a part of a fishing reel. In view of the fact that the

article is merely cut to length, it falls within the exclusion

in note 1(c), chapter 95.

We conclude, therefore, that the nylon coated polyester

braided yarn, although cut to length and put up on a plastic

holder for sale at retail, is not made up into fishing lines

and is precluded from classification in heading 9507.

The article consists of nylon-coated polyester braided

yarn consisting of a multifilament core with a braided

construction yarn that has been coated with nylon. Because

the term \"yarn\" is not defined in the legal notes (for

purposes of determining the issue in this case), we look to

the Explanatory Notes to section XI and the headings in

question.

EN (I)(B)(1), section XI, states that yarns may be

\"single, multiple (folded) or cabled.\" That EN, however,

excludes \"braided textile yarns (heading 56.07 or 58.08, as

the case may be.)\" Furthermore, in distinguishing between the

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yarns of chapters 50 to 55, twine, cordage, rope or cables of

heading 56.07 and braids of heading 58.08, the EN provide a

table in which braided textile yarn is apparently classified

only in heading 56.07 or 58.08, depending in part on the plait

and structure. Braided yarn that is tightly plaited and

having a compact structure is said to be classified in heading

56.07.

Although heading 5808, which provides specifically for

\"braids in the piece,\" seems to describe the article, the EN

to that heading elaborate on the type of articles classified

in heading 5808. EN (1) states that certain braids are

excluded, i.e., braids more specifically covered by headings

such as for \"\[t\]wine, cordage, rope, cables and braided

imitation catgut of heading 56.07.\" (Emphasis added.)

For the meaning of \"imitation catgut\" we look to the EN

to heading 5604. In describing the type of products included

in heading 5604, the EN state that \"\[a\]mong the products \* \* \*

are imitation catguts consisting of textile yarn with a heavy

dressing of plastics, which are used according to their

different characteristics in the manufacture of sports

rackets, fishing lines, \* \* \* .\" Using this description of

imitation catgut, and applying the interpretation in Table I

of section XI Explanatory Note (I)(B)(2), which directs

classification of \"braided yarn\" in headings 5607 or 5808, and

applying the exclusion in the EN to heading 5808, we conclude

that the classification of the coated braided yarn (braided

imitation catgut) falls in heading 5607.

HOLDING:

The nylon coated polyester braided yarn is classified

under the provision for twine, cordage, ropes and cables,

coated, of other synthetic fibers, other, in subheading

5607.50.4000, HTSUSA, textile category 669.

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 renegotiations 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

internal issuance of the U.S. Customs Service, which is

available for inspection at your local Customs office.

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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 applicability of any import

restraints or requirements.

Sincerely,

John Durant, Director

Commercial Rulings Division

6cc: AD NY Seaport

2cc: Chief, CIE

1cc: NIS Tomenga

1cc: NIS Edert

1cc: Director, Trade Ops

1cc: AC, CO

1cc: Director, ComRulDiv

1cc: Reading File

LIBARY: valentin

FILE NAME: 084989