HQ 951878: "Booda Bone", subheading 5609.00.1000, HTSUSA

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 951878

                         August 17, 1992


CLA-2  CO:R:C:T  951878  jb

CATEGORY:  Classification

TARIFF NO.:  5609.00.1000

Ms. Kathy Arellanes
Union-Transport Corp.
5450 West 104th Street
Los Angeles, CA 90045


RE:  "Booda Bone", subheading 5609.00.1000, HTSUSA 

Dear Ms. Arellanes:

     This is in response to your letter, on behalf of your
client, Booda Products, Inc., dated April 23, 1992, regarding the
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), of a "Booda Bone".  A sample was
provided to this office for examination.

FACTS:

     The original inquiry requested a classification ruling for
the submitted "Booda Bone", as well as a "Rope" and "Twine Rope".
A classification ruling has already been issued to you by our New
York office regarding the "Rope", and they have also informed you
that they will require additional information for the "Twine
Rope".  This office will only address itself to the "Booda Bone".

     The submitted sample, imported from China, is a "Booda Bone"
constructed of a three strand, twisted, 100 percent cotton rope,
knotted at each end.  It is used as a chewing toy for dogs with
an added health feature for the dog's teeth and gums.

ISSUE:

     Whether the "Booda Bone" is classifiable under chapter 56,
HTSUSA as twine, cordage and rope, or under chapter 63, HTSUSA,
as other made up textile articles?




LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI).
GRI 1 requires that classification be determined according to the
terms of the headings and any relative section or chapter notes,
taken in order.  Where goods cannot be classified solely on the
basis of GRI 1, the remaining GRI will be applied, in the order
of their appearance.
     
     Note 1 to chapter 63, HTSUSA, states:

     1. Subchapter 1 applies only to made up articles, of any   
        textile fabric.

     It is clear that the submitted article is not made up of a
textile fabric.  Accordingly, it is excluded from classification
under chapter 63, HTSUSA.
     
     The submitted sample is constructed of a three strand,
twisted, 100 percent cotton rope, knotted at each end.  
As such, its classification, if it were not made into an article,
would be under heading 5607, HTSUSA, 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".  

     Because the "Booda Bone" is in the form of an article and is
not otherwise provided for, classification is under heading 5609,
HTSUSA, which provides for articles of twine, cordage, rope or
cables, not elsewhere specified or included.

HOLDING:

     The submitted merchandise, the "Booda Bone", is classified
under subheading 5609.00.1000, HTSUSA, which provides for
articles of yarn, strip or the like of heading 5404 or 5405,
twine, cordage, rope or cables, not elsewhere provided or
included: of cotton.  The applicable rate of duty is 5.8 percent
ad valorem.

          Due to the changeable nature of the statistical
annotation (the ninth and tenth digits of the classification)
categories, your client should contact the 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