"Booda Bone", subheading 5609.00.1000, HTSUSA

HQ 951878 August 17, 1992 CLA-2 CO:R:C:T 951878 jb CATEGORY: Classification TARIFF NO.: 5609.00.1000 Ms. Kathy Arellanes Union-Transport Corp. 5450 West 104th Street Los Angeles, CA 90045 RE: "Booda Bone", subheading 5609.00.1000, HTSUSA Dear Ms. Arellanes: This is in response to your letter, on behalf of your client, Booda Products, Inc., dated April 23, 1992, regarding the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of a "Booda Bone". A sample was provided to this office for examination. FACTS: The original inquiry requested a classification ruling for the submitted "Booda Bone", as well as a "Rope" and "Twine Rope". A classification ruling has already been issued to you by our New York office regarding the "Rope", and they have also informed you that they will require additional information for the "Twine Rope". This office will only address itself to the "Booda Bone". The submitted sample, imported from China, is a "Booda Bone" constructed of a three strand, twisted, 100 percent cotton rope, knotted at each end. It is used as a chewing toy for dogs with an added health feature for the dog's teeth and gums. ISSUE: Whether the "Booda Bone" is classifiable under chapter 56, HTSUSA as twine, cordage and rope, or under chapter 63, HTSUSA, as other made up textile articles? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI). GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance. Note 1 to chapter 63, HTSUSA, states: 1. Subchapter 1 applies only to made up articles, of any textile fabric. It is clear that the submitted article is not made up of a textile fabric. Accordingly, it is excluded from classification under chapter 63, HTSUSA. The submitted sample is constructed of a three strand, twisted, 100 percent cotton rope, knotted at each end. As such, its classification, if it were not made into an article, would be under heading 5607, HTSUSA, which provides for "twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics". Because the "Booda Bone" is in the form of an article and is not otherwise provided for, classification is under heading 5609, HTSUSA, which provides for articles of twine, cordage, rope or cables, not elsewhere specified or included. HOLDING: The submitted merchandise, the "Booda Bone", is classified under subheading 5609.00.1000, HTSUSA, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere provided or included: of cotton. The applicable rate of duty is 5.8 percent ad valorem. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) categories, your client should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division