CLA-2-56:OT:RR:NC:N3:351
Mr. Chris Reynolds
OHL Trade Services
5101 South Broad Street
Philadelphia, PA 19112
RE: The tariff classification of polypropylene yarn from Portugal
Dear Mr. Reynolds:
In your letter dated February 28, 2012, you requested a tariff classification ruling on behalf of your client, Frank W. Winne & Son Incorporated of Mount Laurel, New Jersey.
You submitted a sample of gray polypropylene yarn, product code 72125. The yarn is composed of polypropylene filaments twisted together, not braided or plaited. The yarn is said to be 30,000 denier (33,333 decitex). The yarn is approximately 2-1/2 mm in diameter. It will be in concrete floors to improve mix cohesion and freeze resistance, among other reasons.
The applicable subheading for the polypropylene yarn will be 5607.49.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics: Of polyethylene or polypropylene: Other, Other, Other, not braided or plaited. The rate of duty will be 7% ad valorem.
You suggest that the proper classification of item 72125 is in subheading 5404.12.9000, HTSUS, which provides for polypropylene monofilament. However, this is a multifilament yarn composed of polypropylene filaments and would not be considered a monofilament. It is more specifically described in subheading 5607.49.1500. Further, Note 3(A)(b) to Section XI, HTSUS, states that any yarn of man-made fibers, including yarn of two or more monofilaments
of chapter 54 (which is what we have here), measuring greater than 10,000 decitex (item 72125 is 33,333 decitex, according to your letter) is to be treated as twine, cordage, rope or cable for classification purposes.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.
The sample will be returned as you requested.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mitchel Bayer at (646) 733-3102.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division