HQ 956419

August 16, 1994

CLA-2 CO:R:C:T 956419 SK

CATEGORY: Classification

TARIFF NO.: 5404.10.4000

District Director

U.S. Customs Service

P.O. Box 37260

6269 Ace Industrial Dr.

Milwaukee, WI 53237-0260

RE: Decision on Application for Further Review of Protest No.

3701-94-100003; classification of polypropylene monofilament; less

than 1 mm in diameter; not a staple fiber; General EN to Ch 55;

5404.10.40, HTSUSA.

Dear Sir:

This is a decision on application for further review of a

protest timely filed on January 5, 1994, by M. Rodriguez on behalf

of Milwaukee Dustless Brush, against your decision regarding the

classification of polypropylene monofilament. One entry of the

subject merchandise was made at the Customs port at Milwaukee on

August 1, 1993. The entry was liquidated on November 12, 1993.

This office is in receipt of samples of the subject merchandise.

FACTS:

The subject merchandise consists of polypropylene monofilament

which vary from 0.41 to 0.64 mm in diameter, cut uniformly to 178

mm in length. They are intended for use as brush bristles, but are

not flagged, tipped or otherwise prepared for this use other than

being cut to length. The Milwaukee Customs laboratory has examined

the subject merchandise and confirmed that the monofilaments

measure less than 1 mm in diameter.

The goods were entered under subheading 3916.90.32, Harmonized

Tariff Schedule of the United States Annotated (HTSUSA). The

Milwaukee District report indicates that a subheading 5404.10.40,

HTSUSA, classification is warranted. Protestant claims that

classification is proper under subheading 5504.90.00, HTSUSA.

ISSUE:

What is the proper classification of the polypropylene

monofilament at issue?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff

Schedule of the United States Annotated (HTSUSA) is governed by

the General Rules of Interpretation (GRI\'s). GRI 1 provides that

classification shall be determined according to the terms of the

headings and any relative section or chapter notes, taken in order.

Merchandise that cannot be classified in accordance with GRI 1 is

to be classified in accordance with subsequent GRI\'s.

Subheading 3916.90.30, HTSUSA, (formerly 3916.90.32, HTSUSA)

provides for monofilament of which any cross-sectional dimension

exceeds 1 mm \... of plastics. This subheading does not provide

for the subject merchandise because no cross-sectional dimension

of the monofilament at issue exceeds 1 mm.

Subheading 5504.90.00, HTSUSA, provides for \"\[A\]rtificial

staple fibers, not carded, combed or otherwise processed for

spinning: other.\" As heading 5504, HTSUSA, covers \"artificial\"

staple fibers, which are those made by \"chemical transformation of

natural organic polymers (for example, cellulose, casein, proteins

or algae), such as viscose, rayon, cellulose acetate, cupro or

alginates,\" (see Chapter 54 Note 1(b)), and polypropylene does not

meet this definition, classification is not proper here.

Assuming, arguendo, that the protestant intended to claim

classification under subheading 5503.40.00, HTSUSA, which provides

for \"\[S\]ynthetic staple fibers, not carded, combed or otherwise

processed for spinning; polypropylene,\" classification would still

be precluded here. The General Explanatory Note to Chapter 55

describes staple fibers in terms of their being a step in the

process of spinning fibers into yarns. The filaments at issue are

not designed to be made into yarns nor are they \"processed for

spinning\" as described in the heading langauge.

As the subject merchandise is appropriately described as

\"monofilament,\" and it is made of a synthetic material,

classification is proper under subheading 5404.10.4000, HTSUSA,

which provides for \"\[S\]ynthetic 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: monofilament:

other: of polypropylene, not over 254 mm in length\... .\"

HOLDING:

The monofilament at issue is classifiable under subheading

5404.10.4000, HTSUSA, which provides for \"\[S\]ynthetic monofilament

of 67 decitex or more and of which no cross-sectional dimension

exceeds 1mm; strip and the like (for example artificial straw) of

synthetic textile materials of an apparent width not exceeding 5mm:

monofilament: other: of polypropylene, not over 254 mm in length\...

,\" dutiable at a rate of 7.8 percent ad valorem.

As the rate of duty under the classification indicated above

is the same as the rate under which the subject merchandise was

liquidated, you are instructed to deny the protest in full. A copy

of this decision should be furnished to the protestant with the CF

19 Notice of Action to satisfy the notice requirement of Section

174.30(a), Customs Regulations.

In accordance with Section 3(A)(11)(b) of Customs Directive

099 3550-065, dated August 4, 1993, Subject: Revised Protest

Directive, this decision should be mailed by your office to the

protestant no later than 60 days from the date of this letter.

Any reliquidation of this entry in accordance with this decision

must be accomplished prior to mailing of the decision. Sixty days

from the date of the decision the Office of Regulations and Rulings

will take steps to make the decision available to Customs personnel

via the Customs Rulings Module in ACS and the public via the

Diskette Subscription Service, Freedom of Information Act and other

public access channels.

Sincerely,

John Durant, Director

Commercial Rulings Division