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NY 895983




April 6, 1994

CLA-2-39:S:N:N6:221 895983

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.20.0000; 5404.90.0000; 5605.00.0010

Ms. Debby Laufenberg
Triwef Corporation
200 Valley Road, Suite 204
Mt. Arlington, NJ 07856

RE: The tariff classification of polypropylene ribbon from Italy.

Dear Ms. Laufenberg:

In your letter dated March 17, 1994, you requested a tariff classification ruling.

Five samples of polypropylene ribbons were submitted. The sample ribbons are on rolls or eggs, and are at least 20 meters in length. Four of the samples are under 5 millimeters in width. Two of these four samples appear to be metallized. The fifth sample is over 5 millimeters in width and is not metallized.

In your letter you asked us to confirm that the ribbons are classified in heading 3921. To be classified in this provision, strip must exceed 5 millimeters in width and be combined with a material other than plastic. Four of the samples are excluded from heading 3921 because they do not exceed 5 millimeters in width. The one sample that does exceed 5 millimeters in width is not classified in heading 3921, because this sample, composed entirely of polypropylene, is not combined with any materials other than plastic.

The applicable subheading for the polypropylene ribbon that is over 5 millimeters in width and is not metallized will be 3920.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials, of polymers of propylene. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the ribbons that are not over 5 millimeters in width and are not metallized will be 5404.90.0000, HTS, which provides for strip and the like of synthetic textile materials of an apparent width not exceeding 5 mm, other. The rate of duty will be 5.1 percent ad valorem.

The applicable subheading for the ribbons that are not over 5 millimeters in width and are metallized will be 5605.00.0010, HTS, which provides for metallized yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the forms of thread, strip or powder or covered with metal. The rate of duty will be 15 percent 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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