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

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