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NY 854704


August 14, 1990

CLA-2-58:S:N:N3H:351 854704

CATEGORY: CLASSIFICATION

TARIFF NOS.: 5808.10.3010; 5404.10.2020; 5404.10.2040; 5404.10.2090; 3916.90.3000

Mr. R.B. McKenny
C.S. Emery & Company
6 Maple St.
Derby Line, VT 05830

RE: The tariff classification of Pintlepins from Canada.

Dear Mr. McKenny:

In your letter dated July 18, 1990, on behalf of Lippert Pintlepin Mfg. Inc., you requested a tariff classification ruling.

You have submitted information concerning a product called Pintlepins. The Pintlepins consist of lengths of monofilament of nylon, polyester or polyetheretherketone (peek) which are connected by a small piece of brass or stainless steel tubing to a length of stainless steel wire which comes to a point like a needle. The monofilament varies in width from .30 mm to 3.05 mm and is sometimes covered by a textile braid of Nomex or nylon. The monofilament varies in length from 3' to 40', the stainless steel wire leader may be the same length as the monofilament or it may be shorter. The Pintlepins are used to close seams on dryer felts and other technical use belts used primarily in the paper making industry. The metal leader and tubing is cut off and discarded after leading the monofila-ment through the seam of the felt or belt. The monofilament or braid provide the essential character of the Pintlepins.

The applicable subheading for the Pintlepins where the monofilament is covered by a textile braid will be 5808.10.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for braids in the piece, ..., other, of cotton; of man- made fibers. The rate of duty will be 8.4 percent ad valorem.

The applicable subheadings for the Pintlepins where the monofila-ments do not exceed 1 mm in any cross-sectional dimension and are not covered by a braid will be 5404.10.2020, HTS, if of nylon; is 5404.10.2040, HTS, if of polyester; and 5404.10.2090, HTS, if of peek. The applicable article description will be synthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm, ..., monofilament, other. The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for the Pintlepins where the nylon, polyester or peek monofilaments are not covered by braid and the dimensions of the monofilaments exceed 1 mm in diameter will be 3916.90.3000, HTS, which provides for monofilament of which any cross-sectional dimension exceeds 1 mm, ..., of plastics. The rate of duty will be 7.8 percent ad valorem.

Goods classifiable under subheading 5808.10.3010, HTS, which have 6.7 percent ad valorem originated in the territory of Canada, will be entitled to a United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheadings 5404.10.2020, 5404.10.2040, 5404.10.2090 and 3916.90.3000, HTS, which have originated in the territory of Canada, will be entitled to a 6.2 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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.

Sincerely,

Jean F. Maguire
Area Director

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