HQ 0088453 - Flexible intermediate bulk containers are classifiable as sacks and bags of heading 6305. EN 63.05. - United States International Trade Commision Rulings

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HQ 088453

May 2, 1991

CLA-2 CO:R:C:T 088453 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.31.0010

Mr. B. Shankar
GBA Products Co.
P.O. Box 4116
United Arab Emirates

RE: Flexible intermediate bulk containers are classifiable as sacks and bags of heading 6305. EN 63.05.

Dear Mr. Shankar:

This is in reply to your letter dated January 7, 1991, transmitted via facsimile, in which you requested a ruling on the classification of flexible intermediate bulk containers under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The articles in question are flexible intermediate bulk containers (FIBC) or bulk bags. You state that the FIBC are of two types. The first is made of polypropylene fabric with top and bottom spouts and four loops made of polypropylene or polyester. The capacity of the this type of FIBC ranges from 1,000 kilograms to 2,000 kilograms, with a volumetric capacity of 0.95 cubic meters to 1.6 cubic meters.

The second type of FIBC is made from nylon fabric coated with chloroprene rubber and have six woven nylon straps with polypropylene braided ropes for lifting. The capacity of the bags is 1,400 liters/1,500 kilograms. You state that the bags are made in India and the United Arab Emirates. No samples of the instant merchandise were provided.

ISSUE:

What is the classification of flexible intermediate bulk containers under the HTSUSA.

LAW AND ANALYSIS:

Heading 6305, HTSUSA, provides for sacks and bags of a kind used for the packing of goods. This heading covers textile sacks and bags, of various sizes and shapes, that are normally used for the packing of goods for transport, storage or sale. See the Harmonized Commodity Description and Coding System, Explanatory Notes, EN 63.05, 865. The articles in question, FIBC, are bulk bags made from textiles and are used to pack goods for transport, storage or sale. Accordingly, they are classifiable in heading 6305.

HOLDING:

The articles in question are classifiable in subheading 6305.31.0010, HTSUSA, under the provision 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, weighing one kg or more. They are dutiable at the rate of 9.5 percent ad valorem and are subject to textile category 669.

The designated textile and apparel category may be subdivided into parts. If so, 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 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.

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,

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