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HQ 956783

January 20, 1995

CA-2 CO:R:C:F 956783 ALS


TARIFF NO.: 3923.21.0090; 6305.31.0020

Mr. Bill Lopez
Barry Bag and Supply Co.
200 Crofton Road
Building 7G Box 4
Kenner, LA 70062

RE: Polypropylene and Polyethylene Bags

Dear Mr. Lopez:

This is in reference to your company's request for reclassification/exemption of certain polypropylene bags. Two Samples bags were submitted.


One bag is composed of thin gauge polyethylene sheeting. It is the type of bag commonly referred to as a produce bag and is used to package items purchased at retail. The second bag is composed of polypropylene strips, each strip measuring under 5mm in width. We understand that the latter bag is used for agricultural purposes.


What is the classification of the subject bags?


Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative - 2 -
section and chapter notes. If GRI 1 fails to classify the goods and if the headings and legal notes do not otherwise require, the remaining GRI's are applied, taken in order.

In considering the classification of the two bags we noted that one bag, referenced as a produce bag, is made from polyethylene sheeting. It is the type of bag in which a retail establishment will place customer purchases to facilitate the carriage of such articles. Since such bags are made of plastic sheeting they are classifiable in subheading 3923.21, HTSUSA, the provision for sacks and bags of polymers of ethylene.

The second and larger bag is composed of polypropylene strips. Each strip measures less than 5mm in width. In accord with Legal Note 1(g) to Section XI, HTSUSA, monofilament strips must be of a width exceeding 5mm of plastics to be classified in chapter 39, HTSUSA, as plastic. Thus, polypropylene strips of 5mm or less are considered to be textiles and articles fabricated of such strips are classifiable as textile articles. There is no exception provided in the HTSUSA for the classification of such strips as plastic depending on their use.

In view of the above, the article under consideration which is used to hold articles and perhaps carry them is considered to be a sack or bag composed of man-made textile materials of polypropylene strip as specified in subheading 6305.31, HTSUSA.


Bags composed of polyethylene sheeting designed to carry articles are classifiable in subheading 3923.21.0090, HTSUSA, which provides for sacks and bags of polymers of ethylene for the conveyance or packing of goods. Such articles are subject to a general rate of duty of 3 percent ad valorem.

Bags composed of polypropylene strips not exceeding 5mm in width are classifiable in subheading 6305.31.0020, HTSUSA, which provides for sacks and bags of man-made textile materials of polyethylene or polypropylene strip used for the conveyance or packing of goods. Such articles are subject to a general rate of duty of 9.4 percent ad valorem. The textile quota category is 669.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since - 3 -
part categories are the result of international bilateral agreements which are the subject of frequent negotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at the 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 the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial rulings Division

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