HQ 0950360 - Onion bag of woven polypropylene strips is a sack used for the packing of goods. - United States International Trade Commision Rulings

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HQ 950360

November 13, 1991

CLA-2 CO:R:C:T 950360 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.31.0020

Mr. Des Pope
Fulton-Denver Company
3500 Wynkoop Street
Denver, CO 80216

RE: Onion bag of woven polypropylene strips is a sack used for the packing of goods.

Dear Mr. Pope:

This is in reply to your letter of September 17, 1991. That letter concerned the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of onion bags, produced in the Philippines.

FACTS:

The merchandise at issue consists of an onion bag constructed of woven polypropylene strips approximately 1mm wide, measures approximately 32" x 19", and is open at one end.

ISSUE:

What is the appropriate classification of this merchandise under the HTSUSA?

LAW AND ANALYSIS:

Heading 6305, HTSUSA, provides for sacks and bags, of a kind used for the packing of goods. The Explanatory Notes (EN) to the HTSUSA constitute the official interpretation of the tariff at the international level. While not legally binding, they do represent the considered views of classification experts of the Harmonized System Committee. It has therefore been the practice of the Customs Service to follow, whenever possible, the terms of the Explanatory Notes when interpreting the HTSUSA. The EN to this heading states:

[t]his heading covers textile sacks and bags of a kind normally used for the packing of goods for transport, storage or sale.
These articles, which vary in size and shape, include in particular coal, grain, flour, potato, coffee or similar sacks....

Clearly, the onion sacks at issue are covered by this HTSUSA provision. Resulting from the enactment of the Omnibus Trade and Competitiveness Act of 1988, Pub. L. No. 100-418, 102 Stat. 1107 (1988), the HTSUSA became our tariff code, effective January 1, 1989. Customs is mandated by law to classify merchandise according to the terms of this schedule, aided by various explanatory materials.

We regret that the above classification imposes a higher rate of duty on your merchandise than the U.S. mesh bag industry is advocating. You may wish to consider contacting your representatives in Congress concerning possible legislative relief. For information as to potential quota/visa waiver, please contact:

Chairman
Committee for the Implementation of Textile Agreements U.S. Department of Commerce
Room 3001
Washington, D.C. 20230

HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading 6305.31.0020, HTSUSA, textile category 669, as 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, other. The applicable rate of duty is 9.5 percent ad valorem.

The designated textile and apparel category may be sub- divided into parts. If so, visa and quota requirements ap- plicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available 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 importing the merchandise to determine the current status of any import restraints or requirements.

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,

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