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HQ 960799

February 19, 1998

CLA-2 RR:CR:TE 960799 RH


TARIFF NO.: 6305.20.0000; 6305.33.0010; 6305.33.0020; 6305.39.0000

Ms. Monica Law
S & FE Management & Trading Company
16, 2/F., Gage Street
Central, Hong Kong

RE: Revocation of NY A84469; classification of mineral laboratory test bags; heading 6305; heading 6307; other made up articles; sacks and bags

Dear Ms. Law:

On October 10, 1996, Customs issued New York Ruling Letter (NY) A84469, addressed to you on behalf of S & FE Management & Trading Company, concerning the classification of mineral laboratory test bags. In that ruling, Customs classified the bags under subheading 6307.90.9989 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as other made up textile articles.

We recently reviewed that ruling and determined that the bags in NY A84469 were not properly classified. This letter sets forth the correct classification.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of NY A84469 was published on January 7, 1998, in the Customs Bulletin, Volume 32, Number 1.


In NY A84469 the bags are described as follows:

Samples of three bags and a piece of swatch material used for the manufacture of a nonwoven textile bag were submitted. The bags are in various sizes with a drawstring at the top. An identification tag is attached at the side for record use. Two of the bags are made of spunbonded nonwoven fabric, one of polypropylene fibers and the other of polyester fibers. The polypropylene spunbonded nonwoven bag measures 7" x 12.5".

Of the other two samples, one is constructed of cotton woven fabric and measures 7" x 12". The other is composed of polypropylene woven strips. The strips meet the dimensional requirements for man-made fiber strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States, (HTS). It measures 19" x 24.5".


Whether the mineral laboratory bags are classifiable under heading 6307, HTSUSA, as other made up articles, or under subheading 6305, HTSUSA, as sacks and bags of a kind used for the packing of goods?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Customs initially classified the mineral laboratory bags under heading 6307, a residual provision that provides for other made up textile articles not otherwise provided for in the tariff.

Heading 6305, HTSUSA, provides for sacks and bags, of a kind used for the packing of goods. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN), although not legally binding, are the official interpretation of the tariff at the international level.

The EN to heading 6305 states in pertinent part:

This heading covers textile sacks and bags of a kind normally used for the packing of goods for transport, storage or sale.

These articles, which vary in size and shape, include in particular flexible intermediate bulk containers, coal, grain, flour, potato, coffee or similar sacks, mail bags, and small bags of the kind used for sending samples of merchandise by post. The heading also includes such articles as tea sachets.

In Headquarters Ruling Letter (HQ) 958078, dated December 12, 1995, we held that bags used to transport experimental seeds from experimental plots to research facilities and which were discarded after the seeds were evaluated were properly classifiable under heading 6305. Like the bags in HQ 958078, the mineral laboratory bags in question are used to collect and transport samples to a research facility for analysis. The use of the mineral bags falls within the function described in the EN to heading 6305 for sacks and bags - for the packing of goods for transport, storage or sale. Moreover, minerals constitute "goods" for the purposes of heading 6305. Accordingly, the mineral laboratory bags are classifiable under that heading.


The mineral laboratory bags made of cotton woven fabrics are classifiable under subheading 6305.20.0000, HTSUSA. They are dutiable at the general column rate at 6.7 percent ad valorem and the textile category number is 369. The mineral laboratory bags constructed of polypropylene or polyester spunbonded nonwoven fabrics are classifiable under subheading 6305.39.0000, HTSUSA. The bags made of polypropylene woven strips are classifiable under subheading 6305.33.0010, HTSUSA, if weighing one kilogram or more, or subheading 6305.33.0020, HTSUSA, if weighing less than one kilogram. The polyester and polypropylene bags are dutiable at the general column rate of duty at 9.1 percent ad valorem and the textile category number is 669.

NY A84469, dated October 10, 1996, is hereby revoked. In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since 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 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 updated weekly and is available for inspection at your 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 your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

John Durant, Director
Commercial Rulings Division

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