HQ 082417: Classification of combination rope under the Harmonized Tariff Schedule of the United States Annotated (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 082417

                                  March 9, 1989



      CLA-2 CO:R:C:G  082417  CMR

      CATEGORY: Classification

      TARIFF NO.: HTSUS 5607.49.2500


      Mr. Henry Reilly
      Commercial Attache
      Delegation of the European Communities
      2100 M. Street, N.W.
      7th Floor
      Washington, D.C.  20037

      RE: Classification of combination rope under the Harmonized Tariff
          Schedule of the United States Annotated (HTSUSA)

      Dear Mr. Reilly,

           This ruling is in response to your request of June 1, 1988, for
      the classification of a product, combination rope, under the HTSUSA.

      FACTS:

           The article at issue, combination rope, consists of a poly-
      propylene core around which six strands of polypropylene and steel
      are wrapped or twisted.  The core consists of three strands of
      multiple polypropylene fibers.  The three strands are twisted
      together to form the core strand.  The six outer strands each consist
      of seven stainless steel wires which are twisted into a strand and
      around which five strands of polypropylene fibers have been wrapped.

           It is apparent from your request that the combination rope at
      issue was the subject of Headquarters Ruling Letter (HRL) 079955 of
      May 12, 1987.  In that ruling, the combination rope was classified in
      the provision for stainless steel wire rope in item 642.14, Tariff
      Schedules of the United States Annotated (TSUSA).

           The letter you forwarded to us from the Director of the
      Commission of the European Communities, A. Hazeloop, stated that
      the EC Nomenclature Committee recently decided that the submitted
















                                       -2-


      combination rope is properly classified under heading 5607 of the
      Common Customs Tariff based on the Harmonized System.  We are being
      asked if we agree with that classification.

           Our National Import Specialist in New York has suggested
      classification of the combination rope under the provision for
      stranded wire, ropes, cables, plaited bands, slings and the like, of
      iron or steel, not electrically insulated, heading 7312, HTSUSA.

      ISSUE:

           Is the submitted combination rope classifiable under the
      provision for twine, cordage, rope and cables, whether or not plaited
      or braided and whether or not impregnated, coated, covered or
      sheathed with rubber or plastics, heading 5607, HTSUSA, or in the
      provision for stranded wire, ropes, cables, plaited bands, slings and
      the like, of iron or steel, not electrically insulated, heading 7312,
      HTSUSA?

      LAW AND ANALYSIS:

           General Rule of Interpretation (GRI) 1 directs us to determine
      classification of an article by first looking to the terms of the
      headings and any relative Section or Chapter Notes, and, provided the
      headings or Notes do not otherwise require, according to the
      provisions of GRIs 2 through 5.

           Since the combination rope consists of more than one material,
      polypropylene and steel wire, it is considered a composite good and
      classifiable according to the principles of GRI 3.  Under GRI 3(a),
      headings which refer to part only of the materials in the composite
      are to be treated as equally specific.  Therefore, classification is
      to be made under GRI 3(b) according to the material which imparts the
      essential character of the good.

           The two competing headings under consideration, 5607 and 7312,
      provide as follows:

           5607  Twine, cordage, ropes and cables, whether or not plaited
                 or braided and whether or not impregnated, coated, covered
                 or sheathed with rubber or plastics

           7312  Stranded wire, ropes, cables, plaited bands, slings and
                 the like, of iron or steel, not electrically insulated

      The notes contained in the Harmonized Commodity Description and
      Coding System, Explanatory Notes, Vol. 2, pp. 779-780, and Vol. 3, p.
      1023, for each of the competing headings provide in pertinent part:













                                       -3-


           5607  Textile yarn reinforced with metal thread is always
                 classified here and differs from metallised yarn of
                 heading 56.05 in that the metal strand is usually thicker
                 and acts as a reinforcing agent only and not for any
                 ornamental purpose.

           7312  The heading covers stranded wire (or wire strand) obtained
                 by closely twisting together two or more single wires, and
                 cables and ropes of all sizes which are in turn formed by
                 twisting such strands together.  Provided they remain
                 essentially articles of iron or steel wire, ropes and
                 cables may be laid on textile cores (hemp, jute, etc.) or
                 covered with textiles, plastics, etc.

           We believe that metal thread is another term for wire as used in
      the Explanatory Notes.  The rope is predominately constructed of
      polypropylene fibers with wire strands present for reinforcement.
      This is essentially a textile rope reinforced with wire as opposed to
      a wire rope laid on textile core or covered with textiles.  There-
      fore, since we believe the essential character of the combination
      rope is imparted by the textile portion, the combination rope appears
      to fall in heading 5607, HTSUSA, and not in heading 7312, HTSUSA.

      HOLDING:

           We agree with the decision of the EC Nomenclature Committee that
      the submitted combination rope is classifiable under heading 5607,
      HTSUSA.  More specifically, we believe this article is classifiable
      under subheading 5607.49.2500, HTSUSA, textile category 201.  The
      rate of duty is 27.6 cents per kilogram plus 15 percent ad valorem.

                                            Sincerely,



                                            John Durant, Director
                                            Commercial Rulings Division
























      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins