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HQ 956932




December 14, 1994

CLA-2 CO:R:C:T 956932 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5404.90.0000, 5605.00.0010

Ms. Anne M. Neary
Nantucket Distributing
261 White's Path
South Yarmouth, MA 02664

RE: Supersession of pre-classification ruling (PC) 898996 of July 6, 1994; Classification of certain polypropylene strip; classification of an Easter garland foil ribbon

Dear Ms. Neary:

PC 898996 of July 6, 1994, pre-classified several items for your company. It has come to Customs attention that among the items, three were misclassified. This modification of PC 898996 is being issued at the request of the National Import Specialist who specializes in this merchandise. The request was prompted by your request of August 1, 1994, that Customs review the classifications in PC 898996 for three items: a metallic ribbon, a polydecor strip ribbon, and an Easter garland foil ribbon.

FACTS:

The metallic ribbon, identified by SKU number 6880305, is 50 percent polypropylene/50 percent polyethylene extruded strip in the form of a decorative "curling" ribbon approximately 4.5 mm in width. The ribbon has a metallic coating on one side.

The polydecor strip ribbon is identified by the following SKU numbers depending on the color of the ribbon: 220/09, 220/23, 220/22, 220/25, 220/05, 220/36, 220/17, 220/01, 220/13, 220/12, 220/19, 220/40, 220/27, 220/04, 220/26, 220/16, 220/42, and 220/33. The ribbon is extruded polypropylene strip in the form of a decorative "curling" ribbon approximately 4.5 mm in width. It comes in a variety of colors.

The Easter garland foil ribbon, identified by SKU number 5345006, is made of polypropylene and is approximately 2- inches in width. It is made of five separate strips which have been either compressed or heat-sealed together. Three main strips create the appearance of the foil ribbon. The center strip is -2-
approximately one inch in width. The outer strips, which are identical in appearance, are approximately -inch in width. Two metal wires are inserted along the ribbon where the three main strips are joined. The wires are hidden by separate smaller strips which cover them. The foil ribbon has a crinkled appearance and is imported in a roll form.

All three of the subject items were classified in PC 898996 in subheading 5806.32.1090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other narrow woven fabrics, ribbons, of man-made fibers. Customs agrees this classification was in error.

ISSUE:

What is the proper classification of the articles at issue?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

Note 1(g), Section XI, HTSUSA, provides in part:

This section does not cover:

(g) Monofilament of which any cross-sectional dimension exceeds 1 mm or strip or the like (for example, artificial straw) of an apparent width exceeding 5 mm, of plastics (chapter 39), or plaits or fabrics or other basketware or wickerwork of such monofilament or strip (chapter

Heading 5404, Chapter 54, Section XI, provides for:

Synthetic 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.

The polydecor strip ribbon is classifiable in heading 5404, HTSUSA, as it is made of polypropylene which is a synthetic material and is of an apparent width not exceeding 5 mm.

Heading 5605, HTSUSA, provides for:

Metalized yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal.

The metallic ribbon is strip of heading 5404 with a metallic coating. As such, it specifically falls within heading 5605, HTSUSA.

As the garland foil ribbon may be classifiable in heading 9505, HTSUSA, which provides for, among other things, festive, carnival or other entertainment articles, or in heading 3926, as an other article of plastics, that portion of your request related to the foil ribbon has been referred to the Food and Chemicals Branch for a response.

HOLDING:

The polydecor strip ribbon is classified in subheading 5404.90.0000, HTSUSA, which provides for, among other things, strip and the like of synthetic textile materials of an apparent width not exceeding 5 mm. Goods classified in this provision are dutiable at 5.1 percent ad valorem and do not fall within a designated textile category.

The metallic ribbon is classified in subheading 5605.00.0010, HTSUSA, which provides for, among other things, strip or the like of heading 5404 combined with metal in the form of strip or powder or covered with metal: metal coated or metal laminated man-made filament or strip or the like, ungimped, and untwisted or with a twist of less than 5 turns per meter. Goods classified in this provision are dutiable at 15 percent ad valorem and do not fall within a designated textile category.

PC 898996 is hereby superseded to reflect classification of the polydecor strip ribbon and the metallic ribbon at issue as stated above.

Sincerely,

John Durant, Director
Commercial Rulings Division

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