HQ 957661

June 7, 1995

CLA-2 R:C:T 957661 ch

CATEGORY: Classification

TARIFF NO.: 5607.50.2000

Steven P. Sonnenberg, Esq.

Sonnenberg & Anderson

200 South Wacker Drive

33rd Floor

Chicago, Illinois 60606

RE: Reconsideration of New York Ruling Letter (NYRL)

879703, NYRL 879704, NYRL 879705, NYRL

879706, NYRL 879732, NYRL 880358; classification of

dipped man-made fiber; twine, cordage, ropes and

cables.

Dear Mr. Sonnenberg:

This is in response to your letter, dated March 14, 1995,

requesting reconsideration of the above-referenced New York

ruling letters. These decisions concerned, in whole or in part,

the tariff classification under the Harmonized Tariff Schedule of

the United States (HTSUS) of certain polyester and kevlar

(aramid) cords. Samples were sent to this office for

examination.

FACTS:

The instant goods are various plied, dipped multifilament

polyester cords which are imported in continuous lengths. You

indicate that the cords will be used in the core of power

transmission belts for industrial and automotive uses. Samples

have been submitted and organized by ruling number:

Rulings 879704/06 (November 3, 1992)

Exhibit A - S-15B: 20,220 decitex; 1st twist 152 T.P.M.,

2nd twist 72 T.P.M.

Exhibit B - J-27AW 35,150 decitex; 1st twist 96 T.P.M., 2nd

twist 52 T.P.M.

Exhibit C - S-24B 32,000 decitex; 1st twist 102 T.P.M.,

2nd twist 55 T.P.M.

Exhibit D - S-9A 11,700 decitex; 1st twist 151 T.P.M.,

2nd twist 90 T.P.M.

(All coated with Isocianate and Resorcinol Formalin Latex).

Rulings 879703/05 (November 3, 1992)

Exhibit E - S-15FW 19,140 decitex; 1st twist 152 T.P.M.,

2nd twist 72 T.P.M.

Exhibit F - S-30B 40,380 decitex; 1st twist 110 T.P.M.,

2nd twist 51 T.P.M.

Exhibit G - S-24FS 32,610 decitex; 1st twist 102 T.P.M.,

2nd twist 55 T.P.M.

Exhibit H - J-33F 43,250 decitex; 1st twist 81

T.P.M., 2nd twist 47 T.P.M.

(All coated with Isocianate and Resorcinol Formalin Latex).

Ruling 880358 (December 3, 1992)

Exhibit I - K-6B 12,230 decitex; 1st twist 177 T.P.M.,

2nd twist 88 T.P.M.

(Coated with Isocianate, Resorcinol Formalin Latex and Poly

Chloroprene Rubber).

Ruling 879732 (November 12, 1992)

Exhibit J - S-10AW 13,500 decitex; 1st twist 210 T.P.M.,

2nd twist 88 T.P.M.

Exhibit K - S-10B 13,800 decitex, 1st twist 210 T.P.M.,

2nd twist 88 T.P.M.

(Coated with Isocianate, Resorcinol Formalin Latex and Poly

Chloroprene Rubber).

In the referenced ruling letters, Customs classified the

goods in subheading 5607.50.2000, HTSUS, which provides for

twine, cordage, ropes and cables, of other synthetic fibers, not

braided or plaited.

ISSUE:

What is the proper tariff classification for the polyester

cords?

LAW AND ANALYSIS:

Section XI, Note 3, states in pertinent part that:

\(A\) For the purposes of this section, and subject to the

exceptions in paragraph (B) below, yarns (single, multiple

(folded) or cabled) of the following descriptions are to be

treated as \"twine, cordage, ropes and cables\":

\* \* \*

\(b\) Of man-made fibers (including yarn of two or more

monofilaments of chapter 54), measuring more than

10,000 decitex;

\* \* \*

\(B\) Exceptions:

\* \* \*

\(b\) Man-made filament tow of chapter 55 and

multifilament yarn without twist or with a twist of

less than 5 turns per meter of chapter 54.

Polyester filaments are regarded as man-made fibers. See Chapter

54, Note 1. Pursuant to Section XI, Note 3, plied man-made

fibers with a twist of more than 5 turns per meter are regarded

as twine, cordage, ropes and cables. Twine, cordage, ropes and

cables, produced by twisting, plaiting or braiding are classified

in heading 5607. See Explanatory Notes, at page 779. As the

instant cords measure more than 10,000 decitex and possess a

twist of more than 5 turns per meter, they are prima facie

classifiable in heading 5607.

The Explanatory Notes to the HTSUS, while not legally

binding, represent the Customs Cooperation Council\'s official

interpretation of the Harmonized System. It has therefore been

the practice of the Customs Service to follow, whenever possible,

the terms of the Explanatory Notes when interpreting the HTSUS.

You contend that the Explanatory Note to heading 5607 evidences

an intent to restrict the scope of the heading so as to exclude

polyester cords used in power transmission belts.

The Explanatory Note to heading 5607, at pages 779-780,

states in pertinent part:

This heading covers twine, cordage, ropes and cables,

produced by twisting or by plaiting or braiding.

\(1\) Twine, cordage, ropes and cables, not plaited or

braided.

Parts (I)(B)(1) and (2) (particularly the Table) of the

General Explanatory Note to Section XI set out the

circumstances in which single, multiple (folded) or

cabled yarns are regarded as twine, cordage, ropes or

cables of this heading.

\* \* \*

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.

These products are classified here whether or not cut to

length.

(Emphasis added).

Part (I)(B)(2) of the General Explanatory Note to Section

XI, at page 708, contains a table which indicates the proper

classification of yarns of Chapters 50 to 55 according to their

characteristics. The table reads in part as follows:

Type

Characteristics

Determining

Classification

Classification

Of man-made fibres

(including those

yarns of two or

more monofilaments

of Chapter 54(\*\*))

\(1\) Measuring

10,000 decitex or

less;

\(2\) Measuring more

than 10,000 decitex

Chapter 54 or

55

Heading 56.07

Footnotes.

(\*\*) Silk worm gut of heading 50.06, multifilament yarn

without twist or with a twist of less than 5 turns per

metre, and monofilament, of Chapter 54, and man-made

filament tow of Chapter 55 do not in any circumstances

fall in heading 56.07.

Our attention is directed to the language which indicates

that twine, cordage, ropes and cables \"are used as binder twine,

for tying, packages, towing, loading, etc.\" You argue that

heading 5607 is limited to goods used for these purposes. As the

instant cords will be used in power transmission belts, and not

for tying or towing purposes, you reason that they are precluded

from classification within heading 5607.

However, Section XI, Note 3, does not limit twine, cordage,

ropes and cables to goods for specific purposes. Rather, the

Note specifies that multifilament yarn composed of man-made

fibers measuring more than 10,000 decitex and with a twist of

more than 5 turns per meter are generally classified in heading

5607, HTSUS. Similarly, the Explanatory Note to heading 5607, in

conjunction with Part (I)(B)(2) of the General Explanatory Note

to Section XI, states that multifilament yarns of man-made fibers

(not plaited or braided) meeting these specifications are

classified in the heading. When taken in context it is clear

that twine, cordage, ropes and cables used for binding and tying

purposes are merely examples of how such goods may be used.

Therefore, we do not agree that the subject merchandise is

excluded from heading 5607.

Nevertheless, we recognize that polyester cords may also be

described elsewhere in the Nomenclature. In that event, the

goods shall be classified according to the terms of the headings

and the applicable section and chapter notes, pursuant to General

Rule of Interpretation 1; or the rules of specificity, essential

character and numerical order as set forth in General Rule of

Interpretation 3. For this reason, we turn to alternative

classifications you advance as competing provisions.

Heading 5609, HTSUS, provides in part for articles of twine,

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

The Explanatory Note states that:

This heading covers\...articles of twine, cordage, rope or

cables of heading 56.07, other than those covered by a more

specific heading in the Nomenclature.

It includes yarns, cordage, rope, etc., cut to length and

looped at one or both ends, or fitted with tags, rings,

hooks, etc., (e.g. shoe laces, clothes lines, towing ropes),

ships\' fenders, unloading cushions, rope ladders, loading

slings, dish \"cloths\" made of a bundle of yarns folded in

two and bound together at the folded end, etc.

You characterize heading 5609 as a basket provision for twine,

cordage, rope or cables. Consequently, you argue that in the

absence of a provision which more specifically describes the

goods, the instant cords are classifiable within the heading.

However, as suggested by the terms of the headings and the

applicable Explanatory Notes, heading 5609 should be

distinguished from heading 5607 for the reason that it provides

for articles of twine, cordage, rope or cables. The Explanatory

Note to heading 5607, at page 780, states that goods of the

heading are classified therein even when cut to length. By way

of contrast, the Explanatory Note to heading 5609, at page 781,

indicates that the heading includes cordage cut to length and

made up at one or both ends, or otherwise made up into articles

such as rope ladders, slings and dish cloths. Therefore,

articles of heading 5609 must be advanced in condition so as to

remove them from the scope of heading 5607. In this instance,

the polyester cords are imported in continuous lengths. They

have not been made up and remain within the scope of heading

5607\. Hence, heading 5609 does not describe the goods.

Heading 5910, HTSUS, describes transmission or conveyor

belts or belting, of textile material. The Explanatory Note to

the heading, at page 821, states in part that:

These transmission or conveyor belts or belting are used for

the transmission of power or the conveyance of goods. They

are usually woven or plaited from yarns of wool, cotton,

man-made fibres, etc\...

\* \* \*

Transmission or conveyor belts (i.e., lengths of belting cut

to size and either with the ends joined together or

furnished with fastenings for joining them together) are

classified here irrespective of the thickness of the

material.

(Emphasis added).

Thus, the term \"belts\" refers to \"belting\" which has been made up

into a loop for the transmission of power or the conveyance of

goods. Citing lexicographic sources, you construe the term

\"belting\" so as to include all materials which will ultimately be

incorporated into a belt. As the polyester cords will be used

for this purpose, you submit that they are classifiable in

heading 5910.

The Explanatory Note to heading 5910 specifies that belts

and belting have usually been woven or plaited from yarns of

various materials. Moreover, it states that lengths of belting

are merely cut to size and joined together in order to form a

belt. Consequently, we are of the opinion that \"belting\" refers

to material which has been woven or otherwise made up into a

sheet. The term \"belting\" does not describe a multifilament yarn

or cord. For this reason, heading 5910 does not encompass the

polyester cords.

Heading 5911, HTSUS, provides for textile products and

articles, for technical uses, specified in note 7 to chapter 59.

Chapter 59, Note 7, states that:

Heading 5911 applies to the following goods, which do not

fall in any other heading of section XI:

\(a\) Textile products in the piece, cut to length or simply

cut to rectangular (including square) shape (other than

those having the character of the products of headings

5908 to 5910), the following only:

\(i\) Textile fabrics, felt and felt-lined woven

fabrics, coated, covered or laminated with rubber,

leather or other material, of a kind used for card

clothing, and similar fabrics of a kind used for

other technical purposes;

\(ii\) Bolting cloth;

\(iii\) Straining cloth of a kind used in oil presses

or the like, of textile material or of human

hair;

\(iv\) Flat woven textile fabrics with multiple warp or

weft, whether or not felted, impregnated or

coated, of a kind used in machinery or for other

technical purposes;

\(v\) Textile fabric reinforced with metal, of a kind

used for technical purposes;

\(vi\) Cords, braids and the like, whether or not coated,

impregnated or reinforced with metal, of a kind

used in industry as packing or lubricating

materials;

\(b\) Textile articles (other than those of headings 5908 to

5910\) of a kind used for technical purposes (for

example, textile fabrics and felts, endless or fitted

with linking devices, of a kind used in papermaking or

similar machines (for example, for pulp or asbestos-cement), gaskets,
washers, polishing discs and other

machinery parts).

Under the terms of Chapter 59, Note 7(a), only the textile

fabrics and products enumerated in 7(a)(i) through 7(a)(vi) fall

within the scope of heading 5911. Note 7(b) enlarges the scope

of this heading to include textile articles of a kind used for

technical purposes. For reasons stated above, Note 7(b) is

inapplicable in this case as the polyester cords have not been so

advanced in condition so as to be regarded as made up articles.

Moreover, the textile products of Chapter 59, Notes 7(a)(i)

through 7(a)(v) are restricted to certain cloths or fabrics. As

polyester cords have not been woven or otherwise made up into

cloths or fabrics, these provisions are inapplicable. Finally,

Note 7(a)(vi) relates to cords, braids and the like, of a kind

used in industry as packing or lubricating materials. The Note

does not describe the instant goods as they are not used as

packing or lubricating materials. Therefore, the polyester cords

are not classifiable in heading 5911, HTSUS.

In view of the foregoing, the polyester cords are properly

classified in heading 5607, HTSUS.

HOLDING:

NYRL 879703, NYRL 879704, NYRL 879705, NYRL 879706, NYRL

879732, NYRL 880358 are hereby affirmed. The subject merchandise

is classifiable under subheading 5607.50.2000, HTSUS, which

provides for twine, cordage, ropes and cables, whether or not

plaited or braided and whether or not impregnated, coated,

covered or sheathed with rubber or plastics: of other synthetic

fibers: not braided or plaited. The applicable rate of duty is

26.8 cents per kilogram + 14.6 percent ad valorem. The textile

category is 201.

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 the subject of frequent negotiations 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 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