The tariff classification of stretch cords from Taiwan.

NY 855899 Sep 27 1990 CLA-2-63:S:N:N3G:345 855899 CATEGORY: Classification TARIFF NO.: 5609.00.4000 Mr. Norman G. Jensen Norman G. Jensen, Inc. 3050 Metro Dr., Suite 300 Minneapolis, Mn 55425 RE: The tariff classification of stretch cords from Taiwan. Dear Mr. Jensen: In your letter dated August 28, 1990, on behalf of Coghlans Limited, Manitoba, Canada, you requested a tariff classification ruling. The submitted samples are constructed of a braided man-made fiber cover with a rubber core and plastic coated metal hooks on either end. One sample measures approximately 36 inches long in its relaxed condition, and the other measure 10 inches. You state that you have been advised by U.S. Customs at Minneapolis that there is a binding ruling for stretch cords classifying them under 6307.90.90508 which has been changed to 6307.90.95905 (HTSUSA). U.S. Customs Headquarters in Washington has modified this ruling because 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 to chapter 63 specifies that Sub-Chapter I applies only to made up articles of any textile fabric. Since the stretch cords are made of braided cordage, it is not a fabric for Tariff purposes and is therefore precluded from classification in heading 6307. Heading 5609, HTSUSA, provides for articles of cordage, rope or cable, not elsewhere specified or included. The Explanatory Notes to the HTSUSA constitute the official interpretation of the Nomenclature at the international level. The Explanatory Notes to heading 5609 indicate that this provision includes cordage cut to length and fitted with rings, hook, etc. We are of the opinion that the braided stretch cords are properly classifiable under heading 5609. The applicable subheading for the stretch cords will be 5609.00.4000, HTSUSA, as articles of cordage not else where specified or included, other, with duty at the rate of 7.8 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport