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HQ 085128


October 23, 1989

CLA-2 CO:R:C:G 085128 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.31.0020

Mr. Armando Montejano
Jimenez Corporativo S.A. de C.V.
Av. Americas 1536-7 piso
Guadalajara 44610 Jal., Mexico

RE: Classification of certain polypropylene bags under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

Dear Mr. Montejano:

This ruling is in response to your letter of June 23, 1989, requesting the classification of polypropylene bags under the HTSUSA. The bags are manufactured in Mexico. A sample has been submitted for review.

FACTS:

The submitted sample is a bag constructed of woven polypropylene strips. The bag measures approximately 38" by 23" and is open at one end. The bag is of a type used for the packing of goods.

ISSUE:

Is the submitted bag classifiable as a plastic bag of subheading 3923.21.00, HTSUSA, which provides for articles for the conveyance or packing of goods, of plastic, sacks and bags, or is it classifiable as a textile bag of subheading 6305.31.00, HTSUSA, which provides for sacks and bags, of a kind used for the packing of goods, of man-made textile materials, of polyethylene or polypropylene strip or the like?

LAW AND ANALYSIS:

According to a report from the New York Customs office, a bench test indicated that the strips are under 5mm wide and meet the guidelines of strips and the like of synthetic materials of an
apparent width not exceeding 5mm which are provided for under subheading 5404.10.2090, HTSUSA. Therefore, since the bag is constructed of material considered to be textile, the bag is considered of textile materials for tariff purposes.

HOLDING:

The submitted bag is considered a textile sack or bag for tariff purposes classifiable as a sack or bag, of a kind used for the packing of goods, of man-made textile materials, of polyethylene or polypropylene strip or the like, other, in subheading 6305.31.0020, HTSUSA, textile category 669, dutiable at 9.5 percent ad valorem. As an article of subheading 6305.31.00, HTSUSA, the bag is not eligible for special tariff treatment under the Generalized System of Preferences.

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.

Sincerely,

John Durant, Director
Commercial Rulings Division

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