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NY A85760

August 14, 1996

CLA-2-59:RR:NC:TP:350 A85760


TARIFF NO.: 5903.90.2500; 5407.20.0000

Mr. Tony Hartley
Hartley International, Inc.
1649-H Sands Place
Marietta, GA 30067

RE: The tariff classification of woven bulk container bag fabric (laminated and not laminated with plastic), from Thailand or Chile.

Dear Mr. Hartley:

In your letter dated July 10, 1996 you requested a classification ruling.

Your letter indicates that you intend to import cut pieces of material to make bulk container bags. The fabric is of tubular woven polypropylene man-made fiber textile strips. The imported material may be of just the woven tubular fabric or it may be laminated on one side (outer) with a clear polypropylene plastic film. The representative samples consist of tubular woven fabric composed of textile width strips slit from a relatively thick white extruded polypropylene film. There are pronounced striations or groves on one surface of the film or strip, which gives a certain bulk to the strip. It appears that the plastic is applied to the tubular fabric by first laying flat the tube then sandwiching the fabric between two films of clear plastic. This is evident at the two edges of the flattened tube where the plastic overlaps the edge. Because of the bulk of the striated strips, causing a degree of relief in the weave, with resulting deeper interstices and the relative ease of removing the plastic film from the woven surface, the plastic is visible to the naked eye other than by change of color. You indicate that the material will be imported in cut lengths of 70-90 inches and a "flattened" width of 72 inches (144 inch circumference). This becomes a square or rectangle of material. The materials will be imported in two weight specifications, as follows:

Fabric: 160g/m2 180g/m2

Tapes/10cm warp: 48 48 Tapes/10cm fill: 32 40 Tape width warp: 2.1mm 2.1mm Tape width fill: 3.1mm 2.5mm Denier warp: 1900 1900 Denier fill: 1650 1750 You write that the plastic lamination will add 30g/m2 to the woven fabric.

After the bag material is imported, the various U.S. bag manufacturers will sew in a top and bottom portion and add 4 loops to make a finished bag. The applicable subheading for the material (laminated) will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be 8.3 percent ad valorem.

The applicable subheading for the material (not laminated) will be 5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarn, ... obtained from strip or the like. The duty rate is 13.6 percent ad valorem. This merchandise, if classifiable in subheading 5903.90.2500, HTS, falls within textile category designation 229. Based upon international textile trade agreements products of Thailand are subject to the requirement of a visa. If classifiable in subheading 5407.20.0000, HTS, and a product of Thailand the textile category designation will be 620 and the product would be subject to quota and the requirement of a visa. There are currently no textile restraints if imported from Chile.

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 Part 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 George Barth at 212-466-5884.


Roger J. Silvestri

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