HQ 954197: Modification of PC 878089; subheadings 5404.90.0000, 5604.90.0000 and 3920.20.0000; coated and uncoated ribbons

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 954197

                         August 11, 1993

CLA-2 CO:R:C:T  954197 NLP

CATEGORY: Classification

TARIFF NO.: 5404.90.0000

Mr. Kevin J. Vinicombe
Sopp America, Inc.
1 Chris Court
Dayton, NJ  08810

RE:  Modification of PC 878089; subheadings 5404.90.0000,
     5604.90.0000 and 3920.20.0000; coated and uncoated ribbons  

Dear Mr. Vinicombe:

     On September 22, 1992, Customs issued to Sopp America Inc.
Pre-entry classification (PC) 878089, which classified various
ribbon patterns under the Harmonized Tariff Schedule of the
United States (HTSUS).  In a letter to our New York office, dated
April 20, 1993, you requested reconsideration of the pre-entry
classification of the ribbon pattern called "poly products solid
colors".  Upon review, we are of the opinion that the
classification of this merchandise is incorrect and this ruling
modifies that classification.

FACTS:

     The article in question is an extruded polypropylene
decorative ribbon product, imported under the name "poly products
solid colors", also known as "poly plain".  It comes in 3/16 
inch (4.7 mm) and 3/8 inch (9.4 mm) widths.  

     PC 878089 classified this item, when imported in widths of 5
mm or less, in subheading 5604.90.0000, HTSUS, which provides for
"[r]ubber thread and cord, textile covered; textile yarn, and
strip and the like of heading 5404 or 5405, impregnated, coated,
covered or sheathed with rubber or plastics: [o]ther."  This
ribbon pattern, when imported in widths over 5 mm, was classified
in subheading 3920.20.0000, HTSUS, which provides for "[o]ther
plates, sheets, film, foil and strip, of plastics, noncellular
and not reinforced, laminated, supported or similarly combined
with other materials: [o]f polymers of propylene." 

     It is your position that the "poly products solid colors"
ribbon pattern, is not coated.  Therefore, this ribbon pattern,
when imported in widths of 5 mm or less, is classifiable in
subheading 5404.90.0000, HTSUS, 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: [o]ther."  The ribbon pattern,
when imported in widths of over 5 mm, would remain classifiable
in subheading 3920.20.0000, HTSUS.  

ISSUE:

      Is the "poly products solid colors" ribbon pattern, when
imported in widths of 5 mm or less, classifiable in subheading
5604.90.0000, HTSUS, or in subheading 5404.90.0000, HTSUS?

LAW AND ANALYSIS:

     In order to determine the classification of the subject
product, a sample of the item, as well as samples of two related
ribbon patterns, "poly pearlized" and "poly satin", were
submitted to the New York Customs Laboratory for analysis.  PC
878089 classified the poly pearlized strip as a coated article in
subheading 5604.90.0000, HTSUS, when it measured 5 mm or less in
width, and in subheading 3920.20.0000, HTSUS, when it measured
over 5 mm in width.  The poly satin strip was classified as an
uncoated article in subheading 5404.90.0000, HTSUS, when it
measured 5 mm or less in width, and in subheading 3920.20.0000,
HTSUS, when it measured over 5 mm in width.

The Customs laboratory found the following:

          The sample, marked "Poly Pearlized", is composed of a  
          polyester strip, measures 4.7 mm in its apparent width,
          and has been laminated on one surface with a polyester
          film.

          The sample, marked "Poly Plain", is composed of a
          polypropylene strip measuring 4.7 mm in its apparent
          width. 

          The sample, marked "Poly Satin", is composed of
          polypropylene strip which has been embossed on one
          surface to simulate woven fabric and has an apparent
          width of 3.8 cm.

Based on the laboratory analysis, the "poly products solid
colors" ribbon is not coated, covered or sheathed.  Therefore,
like the poly satin pattern, it is properly classified in
subheading 5404.90.0000, HTSUS.

HOLDING:

     PC 878089 is modified in part.


     Ribbon pattern "poly products solid colors", when imported
in 5 mm or less widths, is classifiable in subheading
5404.90.0000, HTSUS, 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: [o]ther."  

     The designated textile and apparel categories may be
subdivided into parts.  If so, the visa and quota requirements
applicable to the subject merchandise may be affected.  Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available we
suggest the importer check, close to the time of shipment, the
Status Report on current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service which is updated
weekly and is available for inspection at your local Customs
office.

     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.  

     In order to ensure uniformity in Customs classification of
this merchandise and eliminate uncertainty, pursuant to section
177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), PC 878089
is partially modified to reflect the above classification
effective with the date of this letter.  For purposes of future
transactions in merchandise of this type, PC 878089 will not be
valid precedent.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division