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NY 872078




March 18, 1992

CLA-2-39:S:N:N3G:221 872078

CATEGORY: CLASSIFICATION

TARIFF NO.: 3916.90.3000; 5402.43.0020; 5404.10.2040

Mr. Peter A. Philips
Advance Fiber Technologies Corp.
15 Industrial Road
Fairfield, NJ 07004

RE: The tariff classification of monofilament from Taiwan.

Dear Mr. Philips:

In your letter dated March 2, 1992, you requested a tariff classification ruling.

You submitted three samples of monofilament. The material is single stranded extruded polyester monofilament wound on plastic spools. The diameters of the filaments range from 0.85 to 1.35 mm. The product will be used as a shape retaining stiffener for hats.

The applicable subheading for the monofilament depends on its diameter. When imported in diameters exceeding 1 mm, the applicable subheading will be 3916.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for monofilament of which any cross-sectional dimension exceeds 1 mm, of other plastics. The rate of duty will be 7.8 percent ad valorem.

When the monofilament is imported in diameters of 1 mm or less, the classification will depend on the weight-per-unit- length as expressed in decitex. If the decitex is 67 or more, the applicable subheading will be 5404.10.2040, HTS, which provides for synthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm...; monofilament; other; of polyesters. The rate of duty will be 7.8% ad valorem.

If the diameter is 1 mm or less and the decitex is less than 67, and if we are correct in assuming that this is not a high tenacity filament, the applicable subheading will be 5402.43.0020, HTS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex; other yarn, single, untwisted or with a twist not exceeding 50 turns/m; of polyesters, other; monofilament. The rate of duty will be 10% 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.

Sincerely,

Jean F. Maguire
Area Director

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