HQ 0950047 - Classification of hollow polypropylene filaments; 5404, HTSUSA; synthetic monofilaments - United States International Trade Commision Rulings

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HQ 950047

December 3, 1991

CLA-2 CO:R:C:T 950047 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 5404.10.2090

Jose M. Pietri
J.M. Pietri & Assoc., Inc.
P.O. Box 2928
Old San Juan, Puerto Rico 00903

RE: Classification of hollow polypropylene filaments; 5404, HTSUSA; synthetic monofilaments

Dear Mr. Pietri:

This is in response to your letter dated July 29, 1991, on behalf of your client, Bentley Division of Baxter Healthcare Corporation of Puerto Rico, requesting classification of a microporous polypropylene hollow fiber. A sample has been submitted for Customs' examination.

FACTS:

The subject merchandise is a microporous polypropylene hollow fiber used as a capillary membrane filter for oxygenating blood during a heart operation. The hollow fibers measure 240 decitex and the outer diameter measurement is 380 micron, which is equal to .38 millimeters. The membrane filaments are not spun, but extruded, and the hollow fibers are not sterilized when imported from Germany or Belgium.

ISSUE:

Whether the polypropylene hollow fibers are properly classifiable under heading 5404 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, inter alia, synthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1mm.

LAW AND ANALYSIS:

Classification under the tariff is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification will be determined by the terms of the headings, and any relative section or chapter notes.

Heading 5404, HTSUSA, provides for, inter alia, synthetic monofilament of 67 decitex or more and of which no cross- sectional dimension exceeds 1mm. The Explanatory Notes to heading 5404, page 754, provide as follows:

(1) Synthetic monofilament. These are filaments extruded as single filaments. They are classified here only if they measure 67 decitex or more and do not exceed 1 mm in any cross- sectional dimension. Monofilaments of this heading may be of any cross-sectional configuration and may be obtained not only by extrusion but by lamination or fusion.

The article at issue is a synthetic monofilament which measures 240 decitex and has an outer diameter measurement of .38 mm. All the specifications of the subject merchandise meet the prerequisites of heading 5404, HTSUSA, and classification is therefore proper within this provision of the Nomenclature.

As was set forth in Headquarters Ruling Letter (HRL) 086833, dated September 7, 1990, similar hollow polypropylene monofilaments were classified under heading 5404, HTSUSA. HRL 086833 provides analysis as to why classification of this type of monofilament is appropriate under heading 5404, HTSUSA, as opposed to competing headings 5503 and 3917, HTSUSA.

HOLDING:

The submitted sample is classifiable under subheading 5404.10.2090, HTSUSA, under the provision for synthetic monofilament of 67 decitex or more and of which no cross- sectional dimension exceeds 1 mm ..., monofilament: other ..., other, and is dutiable at the rate of 7.8% ad valorem.

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 importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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