CLA-2 CO:R:C:T 950047 SK
Jose M. Pietri
J.M. Pietri & Assoc., Inc.
P.O. Box 2928
Old San Juan, Puerto Rico 00903
RE: Classification of hollow polypropylene filaments; 5404,
HTSUSA; synthetic monofilaments
Dear Mr. Pietri:
This is in response to your letter dated July 29, 1991, on
behalf of your client, Bentley Division of Baxter Healthcare
Corporation of Puerto Rico, requesting classification of a
microporous polypropylene hollow fiber. A sample has been
submitted for Customs' examination.
FACTS:
The subject merchandise is a microporous polypropylene
hollow fiber used as a capillary membrane filter for oxygenating
blood during a heart operation. The hollow fibers measure 240
decitex and the outer diameter measurement is 380 micron, which
is equal to .38 millimeters. The membrane filaments are not
spun, but extruded, and the hollow fibers are not sterilized when
imported from Germany or Belgium.
ISSUE:
Whether the polypropylene hollow fibers are properly
classifiable under heading 5404 of the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA), which provides for,
inter alia, synthetic monofilament of 67 decitex or more and of
which no cross-sectional dimension exceeds 1mm.
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LAW AND ANALYSIS:
Classification under the tariff is in accordance with the
General Rules of Interpretation (GRI's), taken in order. GRI 1
provides that classification will be determined by the terms of
the headings, and any relative section or chapter notes.
Heading 5404, HTSUSA, provides for, inter alia, synthetic
monofilament of 67 decitex or more and of which no cross-
sectional dimension exceeds 1mm. The Explanatory Notes to
heading 5404, page 754, provide as follows:
(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.
The article at issue is a synthetic monofilament which
measures 240 decitex and has an outer diameter measurement of .38
mm. All the specifications of the subject merchandise meet the
prerequisites of heading 5404, HTSUSA, and classification is
therefore proper within this provision of the Nomenclature.
As was set forth in Headquarters Ruling Letter (HRL) 086833,
dated September 7, 1990, similar hollow polypropylene
monofilaments were classified under heading 5404, HTSUSA. HRL
086833 provides analysis as to why classification of this type of
monofilament is appropriate under heading 5404, HTSUSA, as
opposed to competing headings 5503 and 3917, HTSUSA.
HOLDING:
The submitted sample is classifiable under 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 ...,
other, and is dutiable at the rate of 7.8% ad valorem.
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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