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NY 806263

March 17, 1995

CLA-2-46:S:N:N8:230 806263


TARIFF NO.: 4601.99.0000; 4602.90.0000

Mr. William J. Maloney
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of plaiting material (woven polypropylene plastic strips), and bags made of such material, from India, Thailand or other countries.

Dear Mr. Maloney:

In your letter dated January 24, 1995, on behalf of your client, Ovasco Industries (a division of Ohio Valley Bag and Burlap Company), you requested a tariff classification ruling.

A sample of the first item in question, accompanied by an independent test report, was submitted and will be retained for reference. It is a representative piece of style 5540 plaiting material, which will be imported in rolls or sheets of varying sizes. The product will be woven from white, clear or colored polypropylene strips, and will be laminated on one side with a 20 micron polypropylene film.

The submitted test report indicates that 92.5% of the warp strips, 78% of the filling strips and approximately 87% of both the warp and filling strips exceed 5 mm in width. The New York Customs Laboratory has analyzed the sample, and its findings agree with the foregoing.

The applicable subheading for the style 5540 plaiting material will be 4601.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) plaiting materials...bound together in parallel strands or woven, in sheet form, whether or not finished articles. The rate of duty will be 3.3%.

The other goods in question are open-top bags or sacks made from the same type of plaiting material described above. The rectangular bags would be 16" wide by 31" long by 18" high, and would be sewn along the bottom edges and one vertical corner. Another style would be manufactured in the form of a tube which is cut to length and sewn closed at one end; the most common size for these bags will be 24" wide by 40" tall.

The applicable subheading for the sacks and bags will be 4602.90.0000, HTS, which provides for other (non-enumerated) basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601. The rate of duty will be 4.9%.

Articles classifiable under subheading 4602.90.0000, HTS, which are products of India or of Thailand, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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.


Jean F. Maguire

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