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NY 814739

September 26, 1995

CLA-2-63:R:N:N3:345 814739


TARIFF NO.: 6305.31.0020, 6002.20.10000

Mr. Thomas Lawrence
S.T. International
235 Leslie Lane Suite D
Ballwin, Missouri 63021

RE: The tariff classification of "Leno" sacks and fabric from India

Dear Mr. Lawrence:

In your letter dated September 14, 1995, you request a classification ruling on Leno sacks and the fabric from which they are made.

The sample you submit is a mesh fabric bag that is open at the top, and when laid flat, is approximately 9" wide and 18" long. A paper strip, printed with the letters, AB enclosed in a square like figure, and the words, Arun Bags, is sewn across both sides of the bottom of the bag. Although you call the bag a Leno sack, the fabric is not of leno weave construction. The fabric is a tubular knit which measure approximately 9" in its flattened condition and has a selvage on one side that was made as part of the knitting operation. The fabric has stable open meshes and is of open-work warp knit construction. It is knit from olefin strips measuring approximately 2 mm in width. You indicate that the Leno sacks will be used to pack potatoes.

The applicable subheading for the Leno sacks will be 6305.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for sacks and bags of a kind used for the packing of goods: Of polyethylene or polypropylene strips or the like, Other. The duty rate will be 9.4 percent ad valorem.

The applicable subheading for the tubular knit fabric will be 6002.20.1000 HTS. which provides for other knitted or crocheted fabrics: Other, of a width, not exceeding 30 cm: Open- work fabrics, warp knit. The duty rate will be 15.8 percent ad valorem.

The Leno sacks fall within textile category designation 669. The tubular knit fabric falls within textile category 229. Based upon international textile trade agreements, products of India are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 that you 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 available for inspection at your local Customs office.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist V. Gualario at 212-466-5586.


Roger J. Silvestri

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