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NY D81955




September 9, 1998

CLA-2-63:RR:NC:TA:352 D81955

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020

Mr. Paresh Waghela
Fritz Marketing Inc.
555 Burnhamthorpe Road, Suite 209
Etobicoke, Ontario M9C 2Y3, Canada

RE: The tariff classification of woven polypropylene bags from China, India or Indonesia.

Dear Mr. Waghela:

In your letter dated August 25, 1998, you requested a classification ruling.

The submitted sample is a bag made from hemming a tubular plain woven fabric at one end. The fabric used to manufacture the bag is made from 100% polypropylene strip. This strip is approximately 2.5 millimeters in width and meets the dimensional requirements to be considered man-made textile strip and thus the fabric made from such strip and the bags made from such fabric are considered to be of man-made textile. The fabric used to manufacture the bags has been coated, covered or laminated on the outer surface with a polypropylene plastic that has been tinted pink but remains transparent and is not visible to the naked eye except by a change in color. This bag measures 39" by 24.5" and will be used to pack, ship and market agricultural commodities. Your correspondence indicates that the bags may be imported in varying sizes but will be manufactured with the same materials and will be used in the same manner.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to:

(A) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than:

(1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color;

Since the coating or lamination on the bag submitted is not visible to the naked eye, it is not considered to be made from a coated fabric for the purposes of classification.

Your letter suggests that you believe that the coating that was applied to the outer surface of the tubular fabric which is used to make these bags is not visible to the naked eye. We disagree with this contention. Although the coating plastic has been tinted a pink color, the plastic coating remains transparent and the plastic in no way obscures the underlying fabric. It merely changes the color of the fabric which Note 2(A)(1) allows when its states that no account should be taken of any resulting change in color. Even if the coating was visible to the naked eye, the bag would still be considered a textile bag. Fabrics that are visibly coated on one side with noncellular plastic are classifiable in heading 5903, HTS, which is in Section XI and would be considered to be textile material. Consequently bags made from such fabric would be considered textile and would not be excluded from classification in Chapter 63.

The applicable subheading for the packing bag will be 6305.33.0020, 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. The duty rate will be 9.1 percent ad valorem.

The woven polypropylene bag falls within textile category designation 669. Based upon international textile trade agreements products of India and China are subject to quota and the requirement of a visa. Products of Indonesia are subject to visa requirements.

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,

Robert B. Swierupski
Director,

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