NY 863451: The tariff classification of a stake wisker from China.

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.

 
                                   NY 863451

                                   May 28, 1991


CLA-2-39:S:N:N3G:221 863451 

CATEGORY:  Classification

TARIFF NO.: 3926.90.9050; 5609.00.3000

Mr. John Canellakis
Beijing Trade Exchange, Inc.
701 E Street, S.E.
Washington, D.C.  20003-2841

RE:  The tariff classification of a stake wisker from China.

Dear Mr. Canellakis:

     In your letter dated May 16, 1991, you requested a tariff
classification ruling.        
      
     The stake wiskers are designed to be attached to poles on
highway or construction sites to increase the visibility of the
poles.  The sample stake wisker is composed of eighteen extruded
polypropylene monofilaments folded in half and held together by a
metal clamp.  Each monofilament, when unfolded, is approximately
12 inches in length.  The cross section of the monofilaments is
oval.  The greatest cross-sectional measurement for each of the
monofilaments varies between just slightly under 1 millimeter to
just slightly over 1 millimeter.  The size of the cross section
of the individual monofilaments is a factor in determining the
classification of this article. Monofilaments of which any cross-
sectional dimension exceeds 1 millimeter are considered to be a
plastics material.  Monofilaments of which no cross-sectional
dimension exceeds 1 millimeter are considered to be textile
materials.
    
     The applicable subheading for the stake wisker, when made
from monofilaments whose cross-section exceeds 1 millimeter, will
be 3926.90.9050, Harmonized Tariff Schedule of the United States
(HTS), which provides for other articles of plastics.  The rate
of duty will be 5.3 percent ad valorem.










     The applicable subheading for the stake wisker, when made
from monofilaments whose cross-section does not exceed 1
millimeter, will be 5609.00.3000, HTS, which provides for
articles of yarn, strip or the like of heading 5404 or 5405,
twine, cordage, rope or cables, not elsewhere specified or
included: of man-made fibers.  The rate of duty will be 9 percent
ad valorem. 

     The stake wisker, when made from a combination of
monofilaments, some of which exceed 1 millimeter in cross section
and some of which do not exceed 1 millimeter in cross section, is
considered to be a composite good and will be classified
according to the essential character.  When containing a
significant number of textile monofilaments, such as the sample
submitted with your letter, classification will be in
5609.00.3000, HTS. 

     This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.

                                             Sincerely,



                                             Jean F. Maguire
                                             Area Director
                                             New York Seaport