HQ 965230

June 3, 2002

CLA-2 RR:CR:TE 965230 ttd

CATEGORY: Classification

TARIFF NO: 5808.10.7000; 5806.32.2000; 5607.50.3500; 6307.90.5020;
5609.00.3000

Mr. Kerry W. Keating

President and CEO

Mitchellace, Inc.

830 Murray Street

P.O. Box 89

Portsmouth, Ohio 45662-0089

RE: Ruling Request on Certain Unfinished Shoe Lacings and Finished
Shoelaces.

Dear Mr. Keating:

This is in response to your letter to the Customs National Commodity
Specialist Division (NCSD), dated October 11, 2000, requesting a binding
ruling classification regarding twenty-four styles of unfinished shoe
lacings, in the piece, and finished shoelaces. On November 20, 2000,
NCSD issued New York Ruling Letter (NY) G82846 to your company
classifying fourteen of the twenty-four styles of lacings and laces.
NCSD then forwarded the remaining ten styles to the Office of
Regulations & Rulings to determine their proper tariff classification.
Samples were submitted.

FACTS:

The articles at issue are ten styles each of unfinished shoe lacing
materials, in the piece, and finished shoelaces, referred to as style
numbers (nos.): 828, 1668, 1310R, 350R, 736SP, 16-287, 16310, 2152TP,
L1200, and L811P. The items are either unfinished lacing materials,
shipped in continuous length and cut and tipped to length after
importation, or finished lacing materials, cut and tipped to length when
imported.

All, except style no. L1200, are constructed of tubular braid and made
of either polyester or nylon. Style nos. 828, 350R, 16-287, 16310, and
L1200 contain a textile core; the remainder do not. Style no. L1200 is a
tubular narrow woven fabric with a textile core.

Style no. L811P is not of a braid or woven construction. This item
appears to be made from ten strands of filament yarn assembled or held
together with either a lock stitch or crochet yarn (eleventh yarn).

ISSUE:

What is the proper classification of the subject unfinished lacing
materials and the finished shoelaces?

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General
Rules of Interpretation (GRI). GRI 1 provides, in part, that
classification decisions are to be "determined according to the terms of
the headings and any relative section or chapter notes." In the event
that goods cannot be classified solely on the basis of GRI 1, and if the
headings and legal notes do not otherwise require, the remaining GRI may
then be applied.

The Harmonized Commodity Description and Coding System Explanatory Notes
(EN) constitute the official interpretation of the Harmonized System at
the international level (for the 4 digit headings and the 6 digit
subheadings) and facilitate classification under the HTSUSA by offering
guidance in understanding the scope of the headings and GRI. While
neither legally binding nor dispositive of classification issues, the EN
provide commentary on the scope of each heading of the HTSUSA and are
generally indicative of the proper interpretation of the headings. *See*
T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).

The competing classification provisions for the subject unfinished
lacing materials, in the piece, excluding style nos. L811P and L1200
(which will be discussed separately), are heading 5607, HTSUSA, which
provides for, among other things, twine, cordage, ropes and cables, and
heading 5808, HTSUSA, which provides for, among other things, braids in
the piece.

Heading 5607, HTSUSA, 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.\" The EN to heading
5607, HTSUSA, provide in pertinent 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.

These products are classified here whether or not cut to length.

The EN goes on to state that the heading excludes, among other things,
milanaise and similar cords and other gimped textile products of heading
5808, HTSUSA and articles of 5609, HTSUSA.

Heading 5808, HTSUSA, provides for, *inter alia*, braids in the piece.
The EN to heading 5808, HTSUSA, provide in pertinent part:

\(1\) **Flat or tubular braids.**

\* \* \* \*

> 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.

Proper classification of the merchandise at issue is based on whether
the unfinished shoe lacing material fits within the physical
descriptions set forth in either heading 5607 or heading 5808, HTSUSA.
In a recent informed compliance publication (ICP), Customs provided
guidance on whether yarns are classified in heading 5607 versus heading
5808. See, U.S. Customs Service, [What Every Member of the Trade
Community Should Know About: Fibers & Yarns Construction and
Classification Under the HTSUS]{.underline}, 34 Cust. B. & Dec. 52 (Dec.
27, 2000). The information provided in the ICP is not intended to be
definitive but rather to provide a basic guideline for classification
purposes. The ICP explains that the distinction between braid of heading
5607 and the braid of heading 5808 is primarily the structure of the
braid. Braid that is tightly plaited and has a compact structure is to
be classified in heading 5607, while the less compact, not tightly
plaited braid is to be classified in heading 5808. While this
distinction leaves room for interpretation, generally, flat braids (such
as certain types of shoelace material) have generally been considered as
not having a compact structure and therefore, they have been classified
in heading 5808. Braids for which it is difficult to say whether they
are tight and compact, but which are primarily decorative in nature have
been classified in heading 5808, which is viewed to cover materials that
are more decorative in nature.

In HQ 962604, dated September 24, 1999, Customs found that the compact
structure in heading 5607, HTSUSA, lends itself to heavier or industrial
applications, as indicated by the exemplars cited in the EN for that
heading. The items considered in HQ 962604 (100 percent cotton and 100
percent nylon yarns) were used for purposes such as making fish nets or
tying packages and drawstrings. Notwithstanding these applications, the
material at issue did not \"adequately meet the compact structure that
is called for in heading 5607.\" In HQ 962604, we noted that the
exemplars cited in the EN include \"binder twine, for tying packages,
towing, loading, etc.\" Accordingly, we determined that braids, which
have a more tightly plaited and compact structure, are customarily used
for heavier and industrial activities. *See* *e.g.*, HQ 957661, dated
June 7, 1995, (wherein Customs ruled that cords used in power
transmission belts are properly classified in heading 5607); HQ 959848,
dated November 5, 1997, (wherein Customs ruled that a composite rope of
70 percent polyester and 30 percent cotton is classified in heading
5607); and HQ 865711, dated August 19, 1991, (wherein Customs classified
synthetic braid used for suspension lines for parachutes in heading
5607). *See also* NY 883898, dated March 29, 1993; NY 817778, dated
January 4, 1996; and NY 809945, dated May 4, 1995.

The subject unfinished shoelace materials, with the exception of style
nos. L811P and L1200 (to be addressed separately), do not adequately
satisfy the compact structure requirement of heading 5607, HTSUSA. Like
the merchandise in HQ 962604, the subject merchandise is not suitable
for the heavier or industrial applications of twine, cordage, ropes or
cables. Whereas the EN indicate that items under heading 5607 are
usually uncolored and generally made of coarse materials (hemp, jute,
sisal, cotton, coir, and synthetic fibers), the subject materials are
both colored and made of even filament yarns. In contrast to the
exemplars cited in the EN (binder twine, for tying packages, towing,
loading, etc), the subject materials are designed and intended for use
as shoe and boot laces. Moreover, as the subject lacing materials are
not tightly plaited with a compact structure, they are unsuitable for
use as twine, cordage, ropes or cables. Accordingly, the merchandise
under consideration is neither like the descriptions of merchandise
stated in heading 5607, HTSUSA, nor like the examples cited in the EN.
Therefore, the subject lacing materials are not properly classified in
heading 5607, HTSUSA.

The samples at issue more closely resemble the descriptions of
merchandise covered in heading 5808, HTSUSA. Like the braid of heading
5808, which the EN explain is made on special braiding or spindle
machines, you indicate, in your letter, dated October 11, 2000, that the
subject braided products are all braided on machines with either 8, 16
or 44 carriers. Moreover, among the uses listed for items classified
under heading 5808, the EN name \"lacing for boot or shoe\", which the
subject materials are intended to be, when finished after importation.
Based on their construction and ultimate use, the subject samples,
excluding style nos. L811P and L1200, are correctly classified under
heading 5808, HTSUSA, as braid in the piece. *See* HQ 957751, dated June
6, 1995 (wherein Customs classified tubular braided metallic yarn in
heading 5808, HTSUSA). *See als*o HQ 957169, dated February 24, 1995; NY
C89666, dated July 9, 1998; and NY C88890, dated June 17, 1998.

Style L1200, unlike the other styles under consideration, is a tubular
narrow woven fabric with a textile core. Assuming the \"L\" in the style
number denotes \"loom\", style L1200 is distinguished from being made on
a braiding machine. As a result, this style is not properly classified
in heading 5808, HTSUSA, as braids, in the piece. Rather, style no.
L1200, in the piece, is properly classified in heading 5806, HTSUSA,
which provides for narrow woven fabrics other than goods of heading
5807.

The competing headings under consideration for the subject finished
shoelaces, excluding style no. L811P, which will be discussed
separately, are heading 5609, HTSUSA, which covers, *inter alia*,
articles of yarn, strip or the like of heading 5404 or 5405, twine,
cordage, rope or cables, not elsewhere specified or included and heading
6307, HTSUSA, as other made up articles.

Heading 5609, HTSUSA, covers, *inter alia*, articles of twine, cordage,
rope or cables, not elsewhere specified or included. The EN to heading
5609 provides that the heading includes:

> ...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.

The EN also explain that the heading does not cover, among other things,
textile fabrics and articles made from such fabrics, which are
classified in their appropriate headings. Moreover, the EN to heading
5609, HTSUSA, specifically state that shoe laces made from braids are
classified in heading 6307, HTSUSA.

In HQ 088320, dated March 15, 1991, Customs declined to classify
shoelaces of woven man-made fabrics with plastic fitted ends in heading
5609, HTSUSA, as articles of twine, cordage, rope or cable. *See also*
HQ 088759, dated June 18, 1991, (wherein Customs classified a flat braid
fabric with rubber core and cut to length in heading 6307, HTSUSA, not
heading 5609, HTSUSA). Like the merchandise in HQ 088320 and HQ 088759,
the subject finished shoelaces are not articles of twine, cordage, rope
or cable, and as a result, not properly classified in heading 5609,
HTSUSA.

Heading 6307, HTSUSA, provides for other made up articles of textile
materials. The EN to heading 6307 state that the heading covers made up
articles of any textile material which are not included more
specifically elsewhere in the tariff schedule. Moreover, the EN to
heading 6307 provide that the heading covers boot and shoe laces with
fitted ends. In HQ 088320 (cited above), Customs classified shoelaces of
woven man-made fabrics with plastic fitted ends in heading 6307, HTSUSA.
*See also* HQ 088759 (cited above).

The finished laces under consideration, like the ones in HQ 088320, are
made of man-made material (either polyester or nylon) and are for use as
footwear lacings. Like the laces in HQ 088320, the subject laces are not
more specifically provided for elsewhere in the tariff, and therefore,
are properly classified in heading 6307, HTSUSA. The finished shoelaces
of all the above styles (excluding style no. L811P), being of textile
fabric, are properly classifiable in heading 6307, as other made up
articles.

Finally, regarding style no. L811P, this item, unlike the other samples,
is not of a braid or woven construction and as a result, is excluded
from classification in heading 5808, HTSUSA. The NCSD inquired
specifically about the construction of Style L811P but did not receive a
definitive answer other than the \"L\" stands for \"loom\" and the \"P\"
stands for \"polyester.\" However, after visual examination, the sample
appears to be made of ten strands of filament yarn assembled or held
together with either a lock stitch or crochet stitch yarn (an eleventh
yarn). As such, style L811P is more suitable for binding and tying
purposes, as twine or cordage. Accordingly, style L811P, in the piece,
is properly classifiable in heading 5607, HTSUSA, which provides for
twine, cordage, ropes and cables. As finished shoelaces, style L811P is
properly classifiable in heading 5609, as articles of cordage.

HOLDING:

Based on the foregoing, the unfinished shoe lacing materials, known as
style nos. 828, 1668, 1310R, 350R, 736SP, 16-287, 16310, and 2152TP are
properly classified in subheading 5808.10.7000, HTSUSA, which provides
for \"Braids in the piece; ... Braids in the piece: Other: Of cotton or
man-made fibers.\" The General Column 1 Rate of Duty is 7.6 percent *ad
valorem* and the textile restraint category is 229.

Style L1200, in the piece, is classified in subheading 5806.32.2000,
HTSUSA, which provides for \"Narrow woven fabrics, other than goods of
heading 5807; ... Other woven fabrics: Of man-made fibers: Other.\" The
current rate of duty is 6.4 percent *ad valorem* and the textile
restraint category is 229.

Style L811P, in the piece, is classified in subheading 5607.50.3500,
HTUSUSA, 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: Other.\" The General Column 1 Rate of Duty is
21.4 cents per kilogram plus 11.6 percent *ad valorem*. The textile
restraint category is 201.

Style nos. 828, 1668, 1310R, 350R, 736SP, 16-287, 16310, 2152TP and
L1200, as finished laces, are classified in subheading 6307.90.5020,
HTSUSA, which provides for \"Other made up articles, ... Other: Corset
lacings, footwear lacings or similar lacings ... Other.\" The General
Column 1 Rate of Duty is 1.6 percent *ad valorem* and the textile
restraint category is 669.

Style L811P, as finished laces, are classified in subheading
5609.00.3000, HTSUSA, which provides for \"Articles of yarn, strip or
the like of heading 5404 or 5405, twine, cordage, rope or cables, not
elsewhere specified or included: Of man-made fibers.\" The General
Column 1 Rate of Duty is 5.4 percent *ad valorem*.

The designated textile and apparel category may be subdivided into
parts. If so, the 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 you check, close to the time of shipment, the
[Status Report On Current Import Quotas (Restraint Levels)]{.underline},
an internal issuance of the U.S. Customs Service which is updated weekly
and is available **for inspection** at your local Customs office. The
[Status Report on Current Import Quotas (Restraint Levels)]{.underline}
is also available on the Customs Electronic Bulletin Board (CEBB) which
can be found on the U.S. Customs Service Website at www.customs.gov.

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
importation of this merchandise to determine the current status of any
import restraints or requirements.

Sincerely,

John Durant, Director

Commercial Rulings Division