HQ 085339: Reconsideration of HQ 084050

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 085339


                                    September 29, 1989


CLA-2 CO:R:C:G  085339  HP

CATEGORY:  Classification

TARIFF NO.:  5609.00.1000

Mr. Joel K. Simon
Serko & Simon
One World Trade Center
Suite 3371
New York, NY 10048

RE:  Reconsideration of HQ 084050

Dear Mr. Simon:

     This is in reply to your letter of August 4, 1989,
requesting reconsideration based
upon mistake of fact for HQ 084050 of July 11, 1989.  Please
reference your client Russ
Berrie & Company, Inc.

FACTS:

     The merchandise at issue consists of two styles of rope
articles from Taiwan.  Style
9273 is a basket about three inches deep with a handle of the
same rope.  It is also
decorated with a paper bow.  Style 9274 is a wreath approximately
 six inches in
diameter, made of rope in two different sizes.  It is decorated
with a paper ribbon bow
and flowers and has a rope hanging loop.  Both styles have an
unspecified substance
applied to their rope components.

     In HQ 084050, based upon your statements that the
merchandise was composed of
rayon rope, we classified both styles under subheading 5609.00.
3000, Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), as articles of
rope of man-made
fibers.  Style 9271, also classified in HQ 084050, is not subject
 to this reconsideration.

ISSUE:

     Whether the instant merchandise was correctly classified
under the HTSUSA?

LAW AND ANALYSIS:

     You now submit laboratory analysis which demonstrates that
both styles 9273 and 9274
are in chief weight and value of cotton.  You therefore ask for
amended ruling reflect
ing this ingredient.
     Subheading Note 2 to Section XI, HTSUSA, provides, in
pertinent part:

       (A)  Products of chapters 56 to 63 containing two
       or more textile mater
       ials are to be regarded as consisting wholly of
       that textile material which
       would be selected under note 2 to this section for
       the classification of a
       product of chapters 50 to 55 consisting of the same
        textile materials.

Note 2(A), Section XI, to which Subheading Note 2(A) refers,
provides:

       Goods classifiable in chapters 50 to 55 or in
       heading 5809 or 5902 and of
       a mixture of two or more textile materials are to
       be classified as if
       consisting wholly of that one textile material
       which predominates by
       weight over each other textile material.

     Therefore, under Note 2(A), supra, both styles are
classifiable as articles of cotton.

HOLDING:

     As a result of the foregoing, the instant merchandise is
classified under subheading
5609.00.1000, HTSUSA, as articles of yarn, strip or the like of
heading 5404 or 5405,
twine, cordage, rope or cables, not elsewhere specified or
included, of cotton.  The
applicable rate of duty is 5.8 percent ad valorem.

     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 renegotiations 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 your 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 your
local Customs office prior to importing the merchandise to
determine the current
applicability of any import restraints or requirements.

     Pursuant to section 177.9, Customs Regulations (19 C.F.R.
177.9), the ruling letter of
July 11, 1989 is modified in conformity with the foregoing.


                                   Sincerely,


                                   John Durant, Director
                                   Commercial Rulings Division