Reconsideration of HQ 084050

HQ 085339 September 29, 1989 CLA-2 CO:R:C:G 085339 HP CATEGORY: Classification TARIFF NO.: 5609.00.1000 Mr. Joel K. Simon Serko & Simon One World Trade Center Suite 3371 New York, NY 10048 RE: Reconsideration of HQ 084050 Dear Mr. Simon: This is in reply to your letter of August 4, 1989, requesting reconsideration based upon mistake of fact for HQ 084050 of July 11, 1989. Please reference your client Russ Berrie & Company, Inc. FACTS: The merchandise at issue consists of two styles of rope articles from Taiwan. Style 9273 is a basket about three inches deep with a handle of the same rope. It is also decorated with a paper bow. Style 9274 is a wreath approximately six inches in diameter, made of rope in two different sizes. It is decorated with a paper ribbon bow and flowers and has a rope hanging loop. Both styles have an unspecified substance applied to their rope components. In HQ 084050, based upon your statements that the merchandise was composed of rayon rope, we classified both styles under subheading 5609.00. 3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as articles of rope of man-made fibers. Style 9271, also classified in HQ 084050, is not subject to this reconsideration. ISSUE: Whether the instant merchandise was correctly classified under the HTSUSA? LAW AND ANALYSIS: You now submit laboratory analysis which demonstrates that both styles 9273 and 9274 are in chief weight and value of cotton. You therefore ask for amended ruling reflect ing this ingredient. Subheading Note 2 to Section XI, HTSUSA, provides, in pertinent part: (A) Products of chapters 56 to 63 containing two or more textile mater ials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials. Note 2(A), Section XI, to which Subheading Note 2(A) refers, provides: Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other textile material. Therefore, under Note 2(A), supra, both styles are classifiable as articles of cotton. HOLDING: As a result of the foregoing, the instant merchandise is classified under subheading 5609.00.1000, HTSUSA, as articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included, of cotton. The applicable rate of duty is 5.8 percent ad valorem. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office. Due to the changeable nature of the statistical annotation ( the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements. Pursuant to section 177.9, Customs Regulations (19 C.F.R. 177.9), the ruling letter of July 11, 1989 is modified in conformity with the foregoing. Sincerely, John Durant, Director Commercial Rulings Division