Tariff Classification of “Chafing Yarn”

HQ 959802 December 24, 1996 CLA-2 RR:TC:TE 959802 ASM CATEGORY: Classification Tariff No.: 5607.49.2500 Mr. Mark S. Davies Tower Group International, Inc. P.O. Box 19169 Charlotte, North Carolina 28217-9169 RE: Tariff Classification of “Chafing Yarn” Dear Mr. Davies: This letter concerns your request for a ruling involving the tariff classification of “Chafing Yarn”under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). FACTS: The subject article is described as “chafing yarn” for use as chafing gear on trawl nets. The “yarn” is composed of approximately thirty polyethylene monofilaments, which are twisted together to form a twisted cord which is approximately 3 millimeters in diameter. Approximately sixty of these cords are then twisted together to form the “chafing yarn” in its imported condition. Its overall appearance is a long, loosely twisted rope made of individual cords, the overall diameter of the rope being approximately 1 inch. The overall decitex of each of the sixty strands would be about 29,328. The material is imported in 600-foot lengths. ISSUE: What is the proper tariff classification of the product, identified as “chafing yarn,” under the HTSUSA? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA, is made in accordance with the General Rules of Interpretation (GRI’s) and in accordance with the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI’s may then be applied. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN’s), which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI’s. It is our understanding that this product is imported in 600 foot lengths. The 1-inch diameter rope is cut into nine to ten foot lengths so that it may be tied onto the end of fishing nets. With regard to its technical use, the federal regulations that govern ground fish trawl under the Department of Commerce National Oceanic and Atmospheric Administration, 50 CFR Part 663.2(c), "chafing gear" is defined as "webbing or other material attached to the bottom (underside) or around the codend of a trawl net to protect the codend from wear." Clearly, this product has been designed to provide protection to the net and is used in the fishing industry for that purpose. The word “chafer” is defined in Webster’s 3rd New International Dictionary as "a strip of fabric covering the head of a tire as a protection from chafing against the rim." In the subject case, once the loosely twisted rope has unraveled, it forms a fabric-like covering comprised of textile filament strands which protect the codend of the net from wear or "chafing." Although heading 5608 of the HTSUSA, covers "Knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials," there is no break-out provision for "parts of nets" under this heading. Even if there were such a provision, the product is imported in 600 foot lengths and must be cut into nine to ten foot lengths in order to be attached as "parts of nets." We must classify this product pursuant to the condition in which it is imported, i.e., 600 foot lengths. Thus, it is our determination that the subject "chafing yarn" is classifiable pursuant to GRI 1 because it is most specifically described under subheading 5607.49.2500, HTSUSA, as "Twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics." This product is described as being made of “ high density polyethylene monofialment- twisted together to form a single strand, neither braided nor plated.” As we have already noted, 5607, HTSUSA, clearly indicates that the heading includes ropes even if they have not been plaited or braided. The fact that this heading is intended to cover this type of loosely twisted rope is further reinforced by the EN’s for heading 5607 which specifically states that ropes which have been produced by twisting are covered under this heading. Specifically, the EN states that heading 5607 "covers twine, cordage, ropes and cables, produced by twisting or by plaiting or braiding (emphasis supplied)." HOLDING: The product identified as "chafing yarn" is classifiable under subheading 5607.49.2500, HTSUSA, as "Twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics: Of polyethylene or polypropylene: Other: Other, not braided or plaited: Other." This provision is dutiable at the general column one rate of 24 cents/kilogram plus 14.2 percent ad valorem. The textile restraint category is 201. 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 negotiations 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 status of any import restraints or requirements. Sincerely, John Durant, Director Tariff Classification Appeals Division