HQ 953067

March 10, 1993

CLA-2; CO:R:C:T 953067 ch

CATEGORY: Classification

TARIFF NO.: 5609.00.4000

District Director of Customs

511 N. W. Broadway

Federal Building

Portland, Oregon 97209

RE: Application for further review of Protest No. 2904-92-

100189 under 19 U.S.C., section 1514(c)(2);

classification of bungee cord; rubber; cordage, rope,

cable; section XI, note 10.

Dear Sir:

This is in response to a request for further review of

protest number 2904-92-100189, dated November 12, 1992, regarding

the classification of bungee cords under the Harmonized Tariff

Schedule of the United States Annotated (HTSUSA). A sample was

provided to our office for examination.

FACTS:

The sample received is a six-inch section of bungee cord cut

from an eighteen inch two hook bungee cord. It is composed of

man-made fiber braid with a rubber core.

ISSUE:

Whether the subject merchandise is classified under heading

4016, HTSUSA, which provides for other articles of vulcanized

rubber other than hard rubber, or heading 5609, HTSUSA, which

provides for articles of twine, cordage, rope or cables, not

elsewhere specified or included?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the

General Rules of Interpretation (GRI). GRI 1 provides that

classification is determined first in accordance with the terms

of the headings of the tariff and any relative section or chapter

notes. Where goods cannot be classified on the basis of GRI 1,

the remaining GRI will be applied in order.

Section XI, note 10, HTSUSA, states that \"elastic products

consisting of textile materials combined with rubber threads are

classified in this section.\" The subject merchandise is elastic

as it returns to its original state after being stretched. It is

composed of man-made textile fibers wound around numerous rubber

threads. Accordingly, this item is classified in section XI.

Section XI, heading 5604, covers, inter alia, \"rubber thread

and cord, textile covered.\" The Explanatory Notes (EN) to

heading 5604 state, in part:

\(A\) Rubber Thread and Cord, Textile Covered

Provided they are covered with textiles (e.g. by

gimping or plaiting), this group includes, thread

(single strand) of rubber, or any cross-section, and

cord (multiple strand) of rubber, made of these

threads.

The instant cord imported in material lengths fits this

description. However, the sample has been cut to size and fitted

with hooks. Therefore, the finished article is beyond the scope

of this heading.

Section XI, heading 5609, covers, inter alia, \"articles of

cordage, rope or cables, not elsewhere specified or included.\"

EN to heading 5609 state, in pertinent part:

This heading covers articles of the yarns of Chapters

50 to 55\...It includes yarns, cordage, rope, etc., cut

to length and looped at one or both ends, or fitted

with tags, rings, hooks, etc.

The subject merchandise is a cord of man-made fibers (and

rubber), cut to length and fitted with hooks. Accordingly, it is

classifiable under heading 5609.

The importer argues, pursuant to GRI 3, that the bungee cord

is classifiable as an article of rubber because the essential

nature of this item is imparted by its rubber core. However, GRI

3 is inapplicable as classification of the merchandise may be

determined, pursuant to GRI 1, under the terms of the headings of

the tariff.

HOLDING:

Therefore, based on the foregoing discussion, the

merchandise was properly classified in subheading 5609.00.4000,

HTSUSA. Accordingly, the protest should be denied in full. A copy of
this decision should be attached to the CF 19 Notice of

Action to satisfy the notice requirement of section 174.30(a),

Customs Regulations.

Sincerely,

John Durant, Director