CO:R:C:G 086833 CRS
John N. Politis, Esq.
Sandler, Travis & Rosenberg, P.A.
Equitable Plaza
3435 Wiltshire Boulevard
Los Angeles, CA 90010-2204
RE: Polypropylene filaments, approximately nine inches in length
and a decitex of 92, are not classifiable as staple fibers
of heading 5503, or as tubes, pipes and hoses of plastics of
heading 3917; request for reconsideration of NYRL 848387
dated January 8, 1990.
Dear Mr. Politis:
This is in reply to your letter dated March 28, 1990, on
behalf of your client, Mitsubishi International Corporation, in
which you requested reconsideration of New York Ruling Letter
(NYRL) 848387 dated January 8, 1990.
FACTS:
In NYRL 848387 certain microporous polypropylene fiber
membranes from Japan were classified in subheading 5404.10.2090,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). In your letter of March 28th you contend that this
classification was incorrect and that the fibers should instead
have been classified in subheading 5503.40.0000, HTSUSA, or in
the alternative, in subheading 3917.32.0050, HTSUSA.
The fiber membranes measure approximately nine inches in
length, have no twist, and are hollow. The sample fibers are a
synthetic monofilament of 100 percent polypropylene, measure 0.22
mm in cross section. The samples have been analyzed by a Customs
laboratory and have been determined to have a decitex of 92.
You state that the fibers are used in the medical profession
to oxygenate blood, e.g., in artificial lungs. In support of
this you have submitted promotional literature from Mitsubishi
and two articles on the subject of hollow fiber membranes.
ISSUE:
Whether the polypropylene hollow fibers in question are
classifiable as staple fibers of heading 5503, HTSUSA, as tubes,
pipes and fittings of heading 3917, HTSUSA, or as monofilament of
heading 5404, HTSUSA.
LAW AND ANALYSIS:
Heading 5503, HTSUSA, provides for synthetic staple fibers,
not carded, combed or otherwise processed for spinning. The
Harmonized Commodity Description and Coding System, Explanatory
Notes, which constitute the official interpretation of the
Harmonized System at the international level, provide in relevant
part at 759, that:
Man-made staple fibres are usually manufactured by
extrusion through spinnerets (jets) having a large number of
holes (sometimes several thousand); the filaments from a
large number of spinnerets (jets) are then collected
together in the form of a tow. This tow may be stretched
and then cut into short lengths, either immediately or after
having undergone various processes (washing, bleaching,
dyeing, etc.) while in the tow form. The length into which
the fibres are cut is usually between 25 mm and 180 mm and
varies according to the type of man-made fibre concerned,
the type of yarn to be manufactured and the nature of any
other textile fibres with which they are to be mixed.
The hollow fibers at issue have been manufactured by extrusion
through spinnerets and are cut into lengths of approximately nine
inches or 229 mm. The fibers in question therefore exceed the
usual length of staple fibers as defined by the Explanatory
Notes. Furthermore, it is Customs' understanding that the
decitex of the hollow filaments is greater than that normally
found in staple fibers.
Heading 3917, HTSUSA, provides for tubes, pipes and hoses
and fittings therefor (for example, joints, elbows, flanges), of
plastic. However, Note 2(l), Chapter 39, HTSUSA, excludes goods
of Section XI (textiles and textile articles) from the purview of
the Chapter. You acknowledge Note 2(l) but argue that the hollow
filaments, because of their special features, should not be
considered textile articles of Section XI, HTSUSA. Nevertheless,
when read in conjunction with Notes 1(g) and 1(h), Section XI,
HTSUSA, we are of the view that the Notes evince the intent of
the drafters of the Harmonized System to exclude all textiles and
textile articles from Chapter 39 other than certain monofilament
(with a cross-sectional dimension exceeding 1 mm) and strip or
the like (with an apparent width exceeding 5 mm), as well as
woven, knitted or crocheted fabrics, felts or nonwovens, which
have been impregnated, coated, covered or laminated with
plastics. The filaments have a cross-sectional dimension of 0.22
mm and, despite the fact that they have a medical application,
they remain textile articles and are therefore excluded from
Chapter 39.
Heading 5404, HTSUSA, covers, inter alia, for synthetic
monofilament of 67 decitex or more and of which no cross-
sectional dimension exceeds 1 mm. The Explanatory Notes provide
in pertinent part at 754, EN 54.04, that heading 54.04 covers:
(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.
* * *
All these products are generally in long lengths, but
remain classified here even if cut into short lengths and
whether or not put up for retail sale.
The filaments in question have a cross-sectional dimension of
0.22 mm and a decitex of 92, and while they have been cut into
short lengths, are classifiable in heading 5404 pursuant to EN
54.04.
HOLDING:
The sample filaments at issue are classifiable in 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, of
polyesters, and is dutiable at the rate of 7.8 percent 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
Commercial Rulings Division