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NY C83397

February 23, 1998

CLA-2-54:RR:NC:TA 351: C83397


TARIFF NO.: 3916.90.3000; 5404.10.8020; 5404.10.8040

Ms. Dennise Silva
Proveedora Mexicana de Monofilamentos, S.A. De C.V. Oriente 217, No. 190
Agricola Oriental, Mexico D.F. 08500

RE: The tariff classification of five short lengths of monofilaments for making brooms and brushes, from Mexico.

Dear Ms. Silva:

In your letters dated November 20, 1997, January 5, 1998 and subsequent Fax, you requested a tariff classification ruling.

You request the tariff classification of five short lengths of nylon and polyester synthetic monofilaments for making a wide range of brooms and brushes.

You submitted five samples representing a wide range of monofilaments. The five styles were described in your letter as follows:

Sample 1: Material: Nylon 6
Color: White
Caliper: 0.004"
Cut Length: 1"

Sample 2: Material: Nylon 6
Color: Natural
Caliper: 0.080"
Cut Length: 2"

Sample 3: Material: Nylon 6.12
Color: Natural
Caliper: 0.0025"
Cut Length; 1/2'

Sample 4: Material: Nylon 6.12
Color; Blue
Caliper: 0.012"
Cut Length: 4"

Sample 5: Material: Polyester PBT
Color: Natural
Caliper: 0.008"
Cut Length: 0.008"

All of the above monofilament samples furnished are not textured and are without twist. We had previously asked, returning your initial letter of November 10th, 1997 for the decitex of the samples submitted and asked if they were high tenacity filaments. Your current letter still does not give specific data for the submitted samples other than their length and caliper (thickness). You give a wide decitex range and give a range for tensile strength expressed in pounds per square inch x 1000. This does not relate to decitex. These monofilaments have not been flagged, tipped or otherwise prepared for broom or brush use other than being cut to length.

However, we can give you some general guidance since you expressed concern that you could not find a tariff subheading that applied to your product.

Although, the monofilament samples are of short length, 1/2 to 4 inches, they are not considered to be staple length fibers based on a Headquarters letter of August 16, 1994 (956419) which held that Chapter 55 describes staple fibers in terms of their being a step in the process of spinning fibers into yarns. The filaments at issue are not designed to be made into yarns nor are they "processed for spining" as described in the heading language.

Further, you give a wide range of thicknesses for your monofilaments, between 0.063 to 2.286 mm. One millimeter is the equivalent of .03937 inches. Any monofilament exceeding 1 mm in any cross-sectional dimension is by dimensions, considered a plastic monofilament

The applicable tariff provision for the monofilaments exceeding 1 mm in cross section are classifiable in subheading 3916.90.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for monofilament of which any cross-sectional dimension exceeds 1 mm, ... of plastics other than polymers of ethylene or vinyl chloride, monofilament. The general rate of duty will be 6.8 percent ad valorem.

You suggest subheading 5404.10 appears to apply to your product, but you could not determine the full subheading and suffix. From this, we assume the "textile" monofilaments are of 67 decitex or greater.

Therefore, the applicable subheading for the nylon monofilaments will be 5404.10.8020, HTS, which provides for synthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm ... monofilament, ... of nylon or other polyamides. The general rate of duty is 7.4 percent ad valorem.

The applicable subheading for the polyester monofilaments will be 5404.10.8040, HTS, which provides for synthetic monofilament, ... of polyesters. The general rate of duty is 7.4 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884.


Robert B. Swierupski

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