HQ 962604

September 24, 1999

CLA-2 RR:CR:TE 962604 jb

**CATEGORY: Classification**

**TARIFF NO.: 5808.10.7000**

Mr. Miguel Dancausse

ME-ME International

6123 Harbor View Lane

Greensboro, NC 27410

**RE:** Request for reconsideration of NY D84393; braided yarn

Dear Mr. Dancausse:

This is in response to a letter, dated February 2, 1999, written on your
behalf by CST, Inc., requesting a reconsideration of New York Ruling
Letter (NY) D84393, dated November 18, 1998, which classified different
samples of braided yarn under the Harmonized Tariff Schedule of the
United States (HTSUS). Samples were submitted to our New York office for
examination.

**FACTS:**

The original merchandise at issue in NY D84393 consisted of merchandise
referred to in the ruling as different samples of braids composed of 100
percent cotton and 100 percent nylon yarn, imported from Costa Rica. In
that ruling the classification, country of origin and entitlement to
treatment under the Caribbean Basin Initiative, were discussed. In the
ruling it was determined that all of the submitted merchandise was
classified in heading 5808, HTSUS, as braid in the piece.

You believe that the classification of that merchandise in heading 5808,
HTSUS, is in error, and claim that the proper classification for this
merchandise is in heading 5607, HTSUS, which provides for other twine,
cordage, ropes, whether or not plaited or braided. In support of this
claim you submitted eight additional samples to our New York office
which you state are "more compact" than the original samples submitted.
You indicate that the U.S. customers either sell the braids "as is", or
dye them and sell them as cordage for tying packages or for use as
drawstrings for pouches. Additionally the auto industry purchases some
of this merchandise, although you have no knowledge

of how the merchandise is used, and some customers use this braid to
make fishing nets.

The eight samples recently submitted to Customs consist of:

> **Sample 1**- flat weave, 13 carrier, 18 pick, cotton yarn size 30/2;
> this is a lightweight natural colored flat braid measuring
> approximately 5 mm in width; this is identical to one of the samples
> originally submitted for NY D84393**;**

**Sample 2-** flat weave, somewhat loose braid, 3 mm in width, of nylon
yarn;

> **Sample 3-** plain weave, 12 carrier, 13 pick, 1185 denier nylon
> yarn, 5 mm width and 1mm thick; this is identical to one of the
> samples originally submitted for NY D84393;
>
> **Sample 4**- basketweave braid, 12 carrier, 6 pick, 1185 denier nylon
> yarn, 5 mm width and 2mm thick**;**
>
> **Sample 5-** tight braid, cordlike in appearance, round, about 1mm in
> diameter, 1185 denier nylon yarn**;**

**Sample 6-** braid slightly thicker than sample 5, 1185 denier nylon
yarn;

**Sample 7**- almost identical to sample 5

**Sample 8-** round, 3 mm in diameter, tightly plaited

**ISSUE:**

What is the proper classification of the merchandise at issue?

**LAW AND ANALYSIS:**

Classification of merchandise under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA) is in accordance with the General
Rules of Interpretation (GRI). GRI 1 requires that classification be
determined according to the terms of the headings and any relative
section or chapter notes. Where goods cannot be classified solely on the
basis of GRI 1, the remaining GRI will be applied, in the order of their
appearance.

The competing classification provisions for the subject merchandise are
heading 5607, HTSUS, which provides for, among other things, twine,
cordage, ropes and cables, whether or not plaited or braided, and
heading 5808, HTSUS, which provides for, among other things, braids in
the piece. The Explanatory Notes to the Harmonized Commodity Description
and Coding System (EN) to heading 5607, HTSUS, state, in relevant part:

> \(2\) **Plaited or braided twine, cordage, ropes and cables**
>
> These are in all cases classified here regardless of their weight per
> metre. They are usually tubular braids which are generally made of
> coarser materials than the braids of heading 58.08. However, the
> plaited goods of this heading differ from those of heading 58.08 less
> by the nature of the yarn used than by the fact that they are tightly
> plaited, with a compact structure, making them suitable for use as
> twine, cordage, ropes or cables. In addition, they are usually
> uncoloured.
>
> The most important fibres used in the manufacture of twine, cordage,
> ropes, or cables are hemp, jute, sisal, cotton, coir and synthetic
> fibres.

\* \* \* \*

> Twine, cordage, ropes and cables are used as binder twine, for tying
> packages, towing, loading, etc. Their cross-section is usually round
> but some (e.g., some transmission cables) have a square, trapezoidal
> or triangular section. They are normally unbleached, but may be dyed,
> impregnated to make them rot-proof, formed of different coloured
> strands, or impregnated, coated, covered or sheathed with rubber or
> plastics.

\* \* \* \*

The EN to heading 5808, HTSUS, state, in relevant part:

> In addition to braids, this part of the heading covers a variety of
> products in the length, designed for the ornamentation or decoration
> of various articles of apparel (e.g., ladies' garments, military
> uniforms, ecclesiastical vestments, theatrical costumes) or of
> furnishing articles (including furnishings for ships or vehicles).
>
> \(1\) **Flat or tubular braids**
>
> These are obtained by interlacing diagonally yarns, or the
> monofilament, strip and the like of Chapter 54.

\* \* \* \*

> Braid is made on special machines known as braiding or spindle
> machines.
>
> Varieties of braid include lacing (e.g., for boot or shoe laces),
> piping, soutache, ornamental cords, braided galloons, etc. Tubular
> braid may have a textile core.
>
> Braid is used for edging or ornamenting certain articles of apparel
> (e.g., decorative trim and piping) or furnishing articles (e.g.,
> tiebacks for curtains), as sheathing for electrical wiring, for the
> manufacture of certain shoe laces, anorak or track suit cords, cord
> belts for dressing gowns, etc.
>
> Such braid differs from the plaited or braided articles of heading
> 56.07 on account of its looser plaiting and less compact structure.

Central to the classification issue at hand is whether the subject
merchandise fits within the physical descriptions set forth in either
heading 5607 or heading 5808, HTSUS. We note that the submitted samples,
that is, both the original samples and those later submitted to Customs,
more closely fit the descriptions of merchandise stated in heading 5808,
HTSUS. Although you believe the subsequent samples to be of a "more
compact nature" than the originals, it is our opinion upon inspection of
those samples that the instant merchandise still does not adequately
meet the compact structure that is called for in heading 5607, HTSUS.
The compact structure of the merchandise provided for in heading 5607,
HTSUS, lends itself to heavier or industrial applications, as indicated
in the EN to that heading, for example "binder twine, for tying
packages, towing, loading, etc." This is not the case of the subject
merchandise. Although there seems to be a variety of uses to which this
merchandise can be put, they do include use as "drawstrings" for pouches
or garments and automobiles. This seems to parallel some of the uses
indicated for merchandise in heading 5808, HTSUS, that is, braid for
lacing, cords for garments and furnishings for vehicles.

With respect to your reference to NY A85478, dated July 16, 1996, which
classified certain braided cord in heading 5607, HTSUS, as proof that
the subject merchandise should similarly be classified, we disagree.
There is not enough information in the description portion of that
ruling to verify that we are discussing identical merchandise.
Accordingly, we conclude that NY D84393 correctly classified the subject
merchandise in heading 5808, HTSUS.

**HOLDING:**

The subject merchandise was correctly classified in NY D84393 in
subheading 5808.10.7000, HTSUSA, which provides for, braids in the
piece; ornamental trimmings in the piece, without embroidery, other than
knitted or crocheted; tassels, pompons and similar articles; braids in
the piece: other: of cotton or man-made fibers. The applicable general
column one rate of duty is 7.9 percent *ad valorem* and the textile
quota category is 229.

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, we suggest that you check, close to the time
of shipment, the [Status Report On Current Import Quotas (Restraint
Levels)]{.underline}, an issuance of the U.S. Customs Service, which is
updated weekly and is available at the 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 the 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