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NY B88197




August 19, 1997

CLA-2-63:RR:NC:TA:352 B88197

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020

Ms. Jennifer Yi
TCA Enterprises
8934 Elizabeth Falls Drive
Jacksonville, Florida 32257

RE: The tariff classification of polypropylene woven bags used to pack commodities such as agricultural products from China.

Dear Ms. Yi:

In your letter dated July 29, 1997 you requested a classification ruling.

Three samples of polypropylene woven bags accompanied your request for a ruling. Your correspondence indicates that all three bags will be used to store and ship a variety of dry commodities such as minerals, grain, sugar and other agricultural products. The first sample, designated as style PB 1830, is a bag measuring 18" X 30" and is manufactured by cutting and sewing closed at one end a tubular woven fabric. The fabric used to produce this product is woven from polypropylene strips that measure approximately 3 millimeters in width. The edge of the open side of the bag has been folded down and hemmed and a plastic liner has been inserted into the bag. This bag weighs approximately 97 grams.

Style PB 2240 is a bag measuring 22" X 40" and is manufactured by cutting and sewing closed at one end a tubular woven fabric. The fabric used to produce this product is woven from polypropylene strips that measure approximately 3 millimeters in width. The edge of the open side of the bag has been folded down and hemmed. This bag weighs approximately 107 grams.

Style PB 2030 is a bag measuring 20" X 30" and is manufactured by cutting and sewing closed at one end a tubular woven fabric. The fabric used to produce this product is woven from polypropylene strips that measure approximately 3 millimeters in width. The edge of the open side of the bag has been folded down and hemmed and a plastic liner has been inserted into the bag. This bag weighs approximately 109 grams.

Your letter suggests that you believe that these products are classifiable as articles for the conveyance or packing of goods of plastic in subheading 3923.29.0000, HTS. This provision is not applicable for these bags. Note 2(m) to chapter 39 excludes from chapter 39 goods of section XI of the Harmonized Tariff Schedules of the United States (HTS). Therefore, if it is determined that these bags are of textile and classifiable in Section XI of the HTS, then they are excluded from chapter 39.

Since these bags are made at least in part from fabric woven from polypropylene strips that are 5 millimeters or less in apparent width they are considered made at least in part of textile materials. Consequently, style PB 2240 which is made wholly of the woven fabric made from polypropylene textile strips is a textile bag and it is excluded from classification in chapter 39 by operation of Note 2(m) to chapter 39.

Two of the styles, PB 2030 and PB 1830, contain plastic liners. The presence of the plastic liners makes these bags composite goods made in part of plastic (the liner) and in part of textile fabric (the woven polypropylene fabric). Based on the relative value, weight, strength and function of the various components, the essential character of these bags is imparted by the textile fabric outer portion of the bag and these bags are considered to be made of textile fabric for the purposes of the HTS. Therefore, these bags are also excluded from classification in chapter 39.

The applicable subheading for all three bags will be 6305.33.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for sacks and bags, of a kind used for the packing of goods, of man-made textile materials, other, of polyethylene or polypropylene strip or the like, other. The duty rate will be 9.2 percent ad valorem.

These bags fall within textile category designation 669. Based upon international textile trade agreements products of China 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 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 Alan Tytelman at 212-466-5896.

Sincerely,

Paul K. Schwartz
Chief, Textile and Apparel Branch

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