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NY 863451

May 28, 1991

CLA-2-39:S:N:N3G:221 863451


TARIFF NO.: 3926.90.9050; 5609.00.3000

Mr. John Canellakis
Beijing Trade Exchange, Inc.
701 E Street, S.E.
Washington, D.C. 20003-2841

RE: The tariff classification of a stake wisker from China.

Dear Mr. Canellakis:

In your letter dated May 16, 1991, you requested a tariff classification ruling.

The stake wiskers are designed to be attached to poles on highway or construction sites to increase the visibility of the poles. The sample stake wisker is composed of eighteen extruded polypropylene monofilaments folded in half and held together by a metal clamp. Each monofilament, when unfolded, is approximately 12 inches in length. The cross section of the monofilaments is oval. The greatest cross-sectional measurement for each of the monofilaments varies between just slightly under 1 millimeter to just slightly over 1 millimeter. The size of the cross section of the individual monofilaments is a factor in determining the classification of this article. Monofilaments of which any cross- sectional dimension exceeds 1 millimeter are considered to be a plastics material. Monofilaments of which no cross-sectional dimension exceeds 1 millimeter are considered to be textile materials.

The applicable subheading for the stake wisker, when made from monofilaments whose cross-section exceeds 1 millimeter, will be 3926.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the stake wisker, when made from monofilaments whose cross-section does not exceed 1 millimeter, will be 5609.00.3000, HTS, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: of man-made fibers. The rate of duty will be 9 percent ad valorem.

The stake wisker, when made from a combination of monofilaments, some of which exceed 1 millimeter in cross section and some of which do not exceed 1 millimeter in cross section, is considered to be a composite good and will be classified according to the essential character. When containing a significant number of textile monofilaments, such as the sample submitted with your letter, classification will be in 5609.00.3000, HTS.

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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