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NY G83599

November 8, 2000

CLA-2-63:RR:NC:TA:351 G83599


TARIFF NO.: 6305.33.0010; 6305.33.0020

Ms. Sonia R. Vargas
Union-Transport, USA
39 Broadway, 29th FL.
New York, NY 10006

RE: The tariff classification of a bag from China.

Dear Ms. Vargas:

In your letter dated October 24, 2000, on behalf of Well Luck Co., Inc., Jersey City, New Jersey, you requested a classification ruling.

The submitted swatch is a representative sample of the material used for the manufacture of a bag. The swatch is constructed of plain woven polypropylene strips, which measure approximately 2 millimeters in width. 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).

Depending on the weight of the bag, the applicable subheading for the bag will be either 6305.33.0010 or 6305.33.0020, HTS, which provides for sacks and bags of a kind used for the packing of goods: Of man-made textile materials; of polyethylene or polypropylene strips or the like. If the bag weighs one kilogram or more, 6305.33.0010, HTS, applies. If the bag weighs less than one kilogram, 6305.33.0020, HTS, applies. The rate of duty will be 8.8 percent ad valorem for both subheadings.

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

Your inquiry does not provide enough information for us to give a classification ruling on your question whether there would be a difference in the classification if the material is laminated with plastic? The classification might be affected if the fabric is laminated on both sides with plastic materials which are visible to the naked eye other than by change of color. Your request for a classification ruling should include an actual sample or a swatch of the material which the bag will be produced. When this information is available, you may wish to consider resubmission of your request.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Mitchel Bayer at 212-637-7086.


Robert B. Swierupski

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