HQ 953342: Classification of stretchable shoe lace-like articleswith a rubber thread core and a polyester covering

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 953342

                         March 16, 1993


CLA-2 CO:R:C:T 953342 jlj

CATEGORY: Classification

TARIFF NO.: 5609.00.4000

Mr. Ira J. Katz
5833 Burchfield Avenue
Pittsburgh
Pennsylvania 15217

RE: Classification of stretchable shoe lace-like articles
with a rubber thread core and a polyester covering

Dear Mr. Katz:

     In your letter of January 6, 1993, you requested a tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) for certain shoe lace-like articles to
be manufactured in Canada.  You submitted a sample along with
your letter.

FACTS:

     The sample submitted is a stretchable shoe lace-like article
made of polyester textile material covering a rubber thread core. 
It measures approximately 31 inches in length and 3/16 inches in
width.  It has plastic fitted ends.

ISSUE:

     What is the HTSUSA classification of this merchandise?

LAW AND ANALYSIS:

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

     Section XI, Note 10, HTSUSA, states that "Elastic products
consisting of textile materials combined with rubber threads are
classified in this section."  The instant merchandise is elastic
because it returns to its original state after being stretched. 
It is composed of a man-made textile fiber fabric covering wound
around rubber threads.  Accordingly, this item is classified in
Section XI.

     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 of Chapter 63
specifies that Subchapter 1 of Chapter 63 applies only to made up
articles of any textile of fabric.  Inasmuch as the instant
merchandise is made of braided cordage, it is not a fabric for
tariff purposes and is therefore precluded from classification in
Heading 6307, HTSUSA.

     Heading 5604, covers, inter alia, "rubber thread and cord,
textile covered."  The Explanatory Notes to the Harmonized
Commodity Description and Coding System (EN) constitute the
official interpretation of the nomenclature at the international
level.  The EN of Heading 5604 state, in part:

     (A) Rubber Thread and Cord, Textile Covered

          Provided they are covered with textiles (e.g., by
          gimping or plaiting), this group includes thread
          (single strand) of rubber, of any cross-section, and
          cord (multiple strand) of rubber, made of these        
          threads.

The instant article imported in material lengths would meet this
description, However, the sample has been cut to size and fitted
with plastic ends.  Therefore, it is beyond the scope of  Heading
5604, HTSUSA..

     Heading 5609, covers, inter alia, "articles of cordage, rope
or cables, not elsewhere specified or included."  The EN of
Heading 5609, state, in pertinent part:

     This heading covers articles of the yarns of Chapters 50 to
     55....It includes yarns, cordage, rope, etc., cut to length
     and looped at one or both ends, or fitted with tags, rings,
     hooks, etc.

The instant merchandise is a cord of man-made fibers (and rubber
threads), cut to length and fitted with plastic tips. 
Accordingly, it is classified under Heading 5609.

HOLDING:

     The instant article is classified in subheading
5609.00.4000, HTSUSA, dutiable at the rate of 7.8 percent ad
valorem.  If it meets the requirements of the United
States/Canada Free Trade Agreement, it is eligible for duty at
the rate of 3.9 percent ad valorem.
     
                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division