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HQ 956419


August 16, 1994

CLA-2 CO:R:C:T 956419 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 5404.10.4000

District Director
U.S. Customs Service
P.O. Box 37260
6269 Ace Industrial Dr.
Milwaukee, WI 53237-0260

RE: Decision on Application for Further Review of Protest No. 3701-94-100003; classification of polypropylene monofilament; less than 1 mm in diameter; not a staple fiber; General EN to Ch 55; 5404.10.40, HTSUSA.

Dear Sir:

This is a decision on application for further review of a protest timely filed on January 5, 1994, by M. Rodriguez on behalf of Milwaukee Dustless Brush, against your decision regarding the classification of polypropylene monofilament. One entry of the subject merchandise was made at the Customs port at Milwaukee on August 1, 1993. The entry was liquidated on November 12, 1993. This office is in receipt of samples of the subject merchandise.

FACTS:

The subject merchandise consists of polypropylene monofilament which vary from 0.41 to 0.64 mm in diameter, cut uniformly to 178 mm in length. They are intended for use as brush bristles, but are not flagged, tipped or otherwise prepared for this use other than being cut to length. The Milwaukee Customs laboratory has examined the subject merchandise and confirmed that the monofilaments measure less than 1 mm in diameter.

The goods were entered under subheading 3916.90.32, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The Milwaukee District report indicates that a subheading 5404.10.40, HTSUSA, classification is warranted. Protestant claims that classification is proper under subheading 5504.90.00, HTSUSA.

ISSUE:

What is the proper classification of the polypropylene monofilament at issue?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's.

Subheading 3916.90.30, HTSUSA, (formerly 3916.90.32, HTSUSA) provides for monofilament of which any cross-sectional dimension exceeds 1 mm ... of plastics. This subheading does not provide for the subject merchandise because no cross-sectional dimension of the monofilament at issue exceeds 1 mm.

Subheading 5504.90.00, HTSUSA, provides for "[A]rtificial staple fibers, not carded, combed or otherwise processed for spinning: other." As heading 5504, HTSUSA, covers "artificial" staple fibers, which are those made by "chemical transformation of natural organic polymers (for example, cellulose, casein, proteins or algae), such as viscose, rayon, cellulose acetate, cupro or alginates," (see Chapter 54 Note 1(b)), and polypropylene does not meet this definition, classification is not proper here.

Assuming, arguendo, that the protestant intended to claim classification under subheading 5503.40.00, HTSUSA, which provides for "[S]ynthetic staple fibers, not carded, combed or otherwise processed for spinning; polypropylene," classification would still be precluded here. The General Explanatory Note to 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 spinning" as described in the heading langauge.

As the subject merchandise is appropriately described as "monofilament," and it is made of a synthetic material, classification is proper under subheading 5404.10.4000, HTSUSA, which provides for "[S]ynthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm; strip and the like (for example artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm: monofilament: other: of polypropylene, not over 254 mm in length... ."

HOLDING:

The monofilament at issue is classifiable under subheading 5404.10.4000, HTSUSA, which provides for "[S]ynthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1mm; strip and the like (for example artificial straw) of synthetic textile materials of an apparent width not exceeding 5mm: monofilament: other: of polypropylene, not over 254 mm in length... ," dutiable at a rate of 7.8 percent ad valorem.

As the rate of duty under the classification indicated above is the same as the rate under which the subject merchandise was liquidated, you are instructed to deny the protest in full. A copy of this decision should be furnished to the protestant with the CF 19 Notice of Action to satisfy the notice requirement of Section 174.30(a), Customs Regulations.

In accordance with Section 3(A)(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of this entry in accordance with this decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division


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