HQ 086858: Rope and Net

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 086858

                          June 6, 1990

CLA-2 CO:R:C:G  086858  NLP

CATEGORY:  Classification

TARIFF NO.: 5607.49.1500, 5608.90.30

Mr. Joe Khamvongsa
Asian Farm
2837 N. Locan Avenue
Fresno, CA  93727

RE:  Rope and Net

Dear Mr. Khamvongsa:

     This is in response to your letter dated March 19, 1990,
requesting a tariff classification of cordage and a net article,
imported from Thailand, under the Harmonized Tariff Schedule of
the United States (HTSUSA).  Two samples of cordage and one
sample of a net article were submitted for our examination.

FACTS:

     The cordage and the net article are made from
polypropylene.  Both samples of the cordage have twisted
constructions and are made from fibrillated strip.  The decitex
for both samples exceeds 10,000 and the diameter of the cordage
measures less than 4.8 mm.  The net is of a knotted net
construction.  The cordage and net will be used for planting
purposes to hang up long vines.

ISSUES:

     What is the tariff classification of the cordage and net
article?

     Are the articles in question eligible for duty free
treatment under 9817.00.5000, HTSUSA?

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) set forth the
manner in which merchandise is to be classified under the HTSUSA.
GRI 1 requires that classification be determined first according
to the terms of the headings of the tariff and any relative
section or chapter notes and, unless otherwise required,
according to the remaining GRI's, taken in order.

     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 Explanatory Notes are the official interpretation of the
HTSUSA at the international level and provide further guidance on
the meaning of tariff headings.  The Explanatory Notes to
Heading 5607 provide that this heading covers twine, cordage,
ropes and cables, produced by twisting or plaiting or braiding.
The cordage at issue here is produced by twisting and would,
therefore, be classifiable within Heading 5607.  The appropriate
subheading would be 5607.49.1500, HTSUSA, which provides for
cordage, of polypropylene, other, other, not braided or plaited:
measuring less than 4.8 mm in diameter.

     Heading 5608, HTSUSA, provides for, inter alia, knotted
netting of twine, cordage or rope.  The instant netting is made
of a knotted construction of cordage and would, therefore,  be
classifiable in Heading 5608, HTSUSA.  The appropriate subheading
is 5608.90.30, HTSUSA, which provides for knotted netting of
twine, cordage or rope, other, other, other.

     Subheading 9817.00.5000, HTSUSA, provides duty free
treatment for machinery, equipment and implements to be used for
agricultural or horticultural purposes.  U.S. Note 2(e) to
Chapter 98, Subchapter XVII, excludes all articles of textile
materials from being classified within subheading 9817.00.50,
HTSUSA.  Articles classifiable in Section XI of the HTSUSA, which
includes Chapter 56, HTSUSA, are considered textile materials for
tariff classification purposes.  Therefore, although the cordage
and the netting appear suitable for agricultural use, since they
are classifiable in Headings 5607, HTSUSA, and 5608, HTSUSA, they
would not be eligible for duty free treatment under subheading
9817.00.50, HTSUSA.

HOLDING:

     The cordage is classifiable in subheading 5607.49.1500,
HTSUSA, which provides for cordage, of polypropylene, other,
other, not braided or plaited: measuring less than 4.8 mm in
diameter.  The rate of duty is 8 percent ad valorem.

     The netting is classifiable in subheading 5608.90.30,
HTSUSA, which provides for knotted netting of twine, cordage or
rope, other, other, other.  The rate of duty is 10 percent ad
valorem.

     Pursuant to Section 502(a)(3) of the Trade Act of 1974 (19
U.S.C. Section 2652(a)(3) and General Note 3(c)(ii)(A), HTSUSA,
Thailand has been designated a beneficiary developing country for
the purposes of the Generalized System of Preferences (GSP),




provided for in Title V of the Trade Act of 1974, as amended (19
U.S.C. Section 2461, et seq.).  If all applicable requirements
are met under the GSP program, the netting, classifiable in
subheading 5608.90.30, HTSUSA, would be entitled to free entry.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division