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NY D83055

October 6, 1998

CLA-2-63:RR:NC:TA:352 D83055


TARIFF NO.: 6305.32.0010

Mr. Robert Brennan
Flex-Pack Industries, Inc.
6101 Royalton #101
Houston, Texas 77081

RE: The tariff classification of a polypropylene flexible intermediate bulk container from India.

Dear Mr. Brennan:

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

The submitted sample is a flexible intermediate bulk container made from 100% polypropylene. It measures 35" X 35" at its base and is 50" in height and weighs approximately 2.15 kilograms. It is equipped with four textile fabric lifting straps which have been sewn onto the top four corners of the bag. The bag is constructed by sewing several panels of woven fabric into a rectilinear shape. This product features both top and bottom openings in the form of fabric chutes which facilitate the filling and discharge of the goods that will stored in the flexible intermediate bulk container. The four side panels and the major portion of the top, exclusive of the filling chute has been woven from 100% polypropylene strip that measure between 1.5 and 3 millimeters in apparent width. The bottom panel and chute has been woven from polypropylene strip that measures approximately 5.5 millimeters in apparent width. The lifting straps are made from polypropylene strip that measures approximately 2.5 centimeters in apparent width. These bags are designed for the storage and transportation of dry flowable commodities such as grain, flour, chemicals, fertilizer etc.

Your correspondence indicates that you believe that these bags should be considered to be manufactured from plastic strip since the strip used to manufacture the woven fabrics that comprise this product are all over 5.5 millimeters in width. However, the vast majority of the strips used in the manufacture of fabrics from which this product is made have been folded and/or crimped so that the apparent width of the strip in the product is between 1.5 and 3 millimeters. As such, the strips meet the dimensional requirements to be considered textile strip and consequently the fabrics woven made from the strips are textile fabrics and the bags made from those fabrics are considered made up articles of textile fabric.

The top panel and both the top and bottom chutes are constructed of strips that exceed 5 millimeters. These parts of the bag are not considered to be made of textile strip. The non-textile fabrics comprise approximately 14 percent of the weight and 13 percent of the area of the bag. Therefore, based on the weight, area and relative value of the textile and non-textile components of this product, the essential character of these bags is imparted by the textile fabric.

The applicable subheading for the flexible intermediate bulk container will be 6305.32.0010, 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, flexible intermediate bulk containers, weighing one kg or more. The duty rate will be 9.1 percent ad valorem.

This bag falls within textile category designation 669. 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 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.


Robert B. Swierupski

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