HQ 087634: Classification of an elastic strap; modification of NYRL 832801, dated November 18, 1988

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 087634

                                  September 7, 1990




          CLA-2:CO:R:C:G  087634 DRR 832801

          CATEGORY:  Classification

          TARIFF NO.:  5609.00.4000

          Ms. Jean McHugh
          TransNational, Inc.
          11th Floor, 1511 K Street, N.W.
          Washington, D.C. 20005

          Re:  Classification of an elastic strap; modification of
               NYRL 832801, dated November 18, 1988

          Dear Ms. McHugh:

               This is in further response to your letter dated October 4,
          1988, requesting the classification of an elastic strap from
          Belgium, under the Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA).

          FACTS:

               The merchandise is represented by an elastic strap
          consisting of four elastic strips covered with textile made of
          man made fibers and secured at either end by metal rings and a
          metal hook.  It is designed to hold down packages on bicycles,
          luggage racks, etc.  New York Ruling Letter (NYRL) 832801, dated
          November 18, 1988, classified the strap as other made up articles
          of textile material under subheading 6307.90.9000, HTSUSA.  We
          have had occasion to review that ruling and have found it
          necessary to modify the decision.

          ISSUE:

               What is the proper classification of the merchandise at
          issue?

          LAW AND ANALYSIS:

               Classification of merchandise under the HTSUSA is in
          accordance with the General Rules of Interpretation (GRI).  GRI 1
          provides that the classification of articles is to be determined
          according to the terms of the headings and any relevant section
          or chapter notes.












                                        - 2 -


               Heading 6307 provides for other made-up articles of any
          textile material which are not included more specifically in
          other headings of Section XI.  However, Note 1 to Chapter 63
          specifies that Sub-Chapter I applies only to made up articles of
          any textile fabric.  Since the elastic strap is made of braided
          cordage, it is not a textile fabric for tariff purposes and is
          therefore precluded from classification in heading 6307, HTSUSA.

               Braided cordage or textile covered rubber, when imported in
          continuous lengths is provided for under heading 5604, HTSUSA.
          The product in question however has been cut to length and fitted
          with steel hooks at each end.  It has therefore been advanced in
          condition beyond the scope of heading 5604.  Heading 5609,
          HTSUSA, provides for articles of cordage, rope or cable, not
          elsewhere specified or included.  The Explanatory Notes to the
          HTSUSA constitute the official interpretation of the nomenclature
          at the international level.  The Explanatory Notes to heading
          5609 indicate that this provision includes cordage cut to length
          and fitted with rings, hooks, etc.  We are of the opinion that
          the braided stretch cords are properly classifiable under heading
          5609.

          HOLDING:

               The elastic strap in question is classified under subheading
          5609.00.4000, HTSUSA, as an article of cordage not elsewhere
          specified or included, other, with duty at the rate of 7.8
          percent ad valorem.  The country of origin provisions still
          require that the items be conspicuously marked in English in a
          manner that is permanent, legible and indelible.

               Due to the changeable nature of the statistical annotation
          and the restraint (quota/visa) categories applicable to textile
          merchandise, you should contact your local Customs office prior
          to importation of this merchandise to determine the current
          status of any import restraints or requirements.

               This notice to you should be considered a modification of
          NYRL 832801 under 19 CFR 177.9(d)(1) (1989), copy enclosed.  It
          is not to be applied retroactively to NYRL 832801 (19 CFR
          177.9(d)(2) (1989)) and will not, therefore, affect the
          transaction for the importation of your merchandise under that
          ruling.  However, for the purposes of future transactions in
          merchandise of this type, NYRL 832801 will not be valid
          precedent.  We recognize that pending transactions may be
          adversely affected by this revocation, in that current contracts















                                        - 3 -


          for importation arriving at a port subsequent to the release of
          HRL 087634 will be classified under the new ruling.  If such a
          situation arises, you may, at your discretion, notify this office
          and apply for relief from the binding effects of the new ruling
          as may be dictated by the circumstances.

                                    Sincerely,




                                    John Durant, Director
                                    Commercial Rulings Division


          Enclosure













































          6cc A.D.,N.Y. Seaport
          rimmer library/peh
          087634