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NY 863785

JUN 05 1991

CLA-2-63:S:N:N3G:345 863785

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.31.0010; 6305.31.0020

Ms. Joanne Call
Primex Plastics Corporation
65 River Drive
Garfield, New Jersey 07026

RE: The tariff classification of a Flexible Intermediate Bulk Container from Costa Rica.

Dear Ms. Call:

In receipt of Fibras de Centroamerica S.A. letter dated May 9, 1991, on behalf of Delca International, New York, New York, they have requested a classification ruling.

The sample submitted is a "Flexible Intermediate Bulk Container" (FIBC) or bulk bag or jumbo bag. It is composed of woven polypropylene strips. The strips meet the dimensional requirements of man-made fiber strips contained in Section XI, Legal Note 1 (g) of the Harmonized Tariff Schedule of the United States (HTS). The bag is fitted with liftstraps. It comes with a funnel type opening at the top and a discharge chute with tie cord at the bottom. The bag will be used for carrying dry chemicals and plastic resins.

Depending on the weight of the bag, the applicable subheading for the bag will be either 6305.31.0010 or 6305.31.0020, 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 strip or the like. If the bag weigh one kilogram or more, 6305.31.0020, HTS, applies. If the bag weigh less than one kilogram, 6305.31.0020, HTS applies. The rate of duty will be 9.5 percent ad valorem for both subheadings.

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 and the restraint (quota/visa) categories, you should contact you local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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