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NY H89854




March 26, 2002

CLA-2-63:RR:NC:N3:351 H89854

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020

Mr. Alan Demarco
K.C. Burdette Co., Inc.
1201 Corbin St.
Elizabeth, NJ 07201

RE: The tariff classification of woven polypropylene sacks and fabric from India.

Dear Mr. Demarco:

In your letter dated March 18, 2002, you requested a ruling on tariff classification on behalf of your client, Harpster of Philipburg, Inc., of Philipsburg, PA.

You submitted two samples. The first is called a High Density Bulkbag, 32” x 20”, made of polypropylene strips. The strips do not exceed 5 mm in apparent width and thus fit the tariff definition of textile contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS). You state the strips may be laminated with Low Density Polyethylene, but the fabric is not considered coated for tariff purposes. You state that the sacks will be mainly used for the transportation, and storing of bulk commodities such as cement, fertilizers, chemicals, grains, seeds, and many other free flowing products.

You state that the sack is also known as a Flexible Intermediate Bulk Container. FIBC’s are classifiable in subheading 6305.32, HTS. The Explanatory Note to Subheading 6305.32 defines FIBC’s:

Flexible intermediate bulk containers are usually made of polypropylene or polyethylene woven fabrics and generally have a capacity ranging from 250 kg to 3,000 kg. They may have lifting straps at the four top corners and may be fitted with openings at the top and bottom to facilitate loading and unloading. They are generally used for packing, storage, transport and handling of dry, flowable materials.

We do not consider this sack to fall within that description. The applicable subheading for the sacks 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; of polyethylene or polypropylene strips or the like [weighing less than one kilogram]. The general rate of duty will be 8.6 percent ad valorem.

The second item is the fabric from which the bag is made. You state that it is manufactured from prime virgin polymer polypropylene high density granules extruded into strips varying from 700 to 3000 denier, and that these strips are then interwoven on high-speed circular looms; sometimes, as stated above, the strips may be laminated with Low Density Polyethylene but, again, the fabric is not considered coated for tariff purposes. The strips do not exceed 5 mm in apparent width.

The applicable subheading for the fabric will be 5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from strip or the like. The general rate of duty will be 3.4 percent ad valorem. This product falls within textile category designation 620. Based upon international textile trade agreements products of India are currently subject to quota and the requirement of a visa.

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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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