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NY 861682


April 8, 1991

CLA-2-54:S:N:N3H:351 861682; 861704


TARIFF NO.: 5405.00.6000; 5404.90.0000

Mr. J.M. Abrahams
Phil Patterson, Inc.
228 Aquila Court
Omaha, NE 68102

RE: The tariff classification of viscose rayon and polypropylene "ribbon" strips from Japan and Italy, respectively.

Dear Mr. Abrahams:

In your letters dated March 7, 1991, and January 31, 1991, both received in our office on March 22, 1991, on behalf of Midwest Trading Co., you requested tariff classification rulings.

You have submitted two samples of extruded, non-woven strips which you describe as "ribbon" used for various decorative craft projects. The first sample, submitted for NY 861682, is made of viscose rayon material that is considered to be wide nonfibrillated strip as measured in its unfolded, untwisted and uncrimped condition. However, in its folded, twisted and crimped condition, the sample has an apparent width ranging between 2-7 millimeters (mm). The average apparent width is approximately 3.5 mm. We assume that the strip will not exceed 5 mm in apparent width and that the ribbon measures 10,000 decitex or less.

The second sample that you have submitted on ruling request NY 861704 is extruded 100% polypropylene ribbon made in Italy. The ribbon is put up in a cellophane wrapping and measures 20 meters in length. According to our New York Laboratory, the polypropylene strip has an average width of 4.9 mm.

Please note that even slight changes in the width or decitex of the two ribbon strips may affect the classifications that are shown below.

The applicable subheading for the first sample, the viscose rayon "ribbon", will be 5405.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for strip and the like (for example artificial straw) of artificial textile materials of an apparent width not exceeding 5 mm, other. The rate of duty will be 6.6 percent ad valorem.

The second sample, the polypropylene ribbon, will be classifiable under the provision for strip and the like (for example, artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm, other, in subheading 5404.90.0000, HTS. The rate of duty will be 5.1 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.


Jean F. Maguire
Area Director

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