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HQ 952202


December 3, 1992

CLA-2 CO:R:C:T 952202 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.90.0000

Mr. Sanjeev Gupta
Vinmar Inc.
523 Sam Houston Parkway East
Houston, Texas 77060

RE: Classification of laminated polypropylene bags woven from plastic strips over 5 mm

Dear Mr. Gupta:

This is in reply to your letter of June 9, 1992, requesting rulings on the classification of two types of bags used to pack plastic resins. A subsequent letter of November 13, 1992, withdrew the request for a ruling on one of the bags. Our ruling on the remaining bag follows.

FACTS:

The sample is made from woven white polypropylene plastic strips and has a clear plastic application, stated to be 35 microns. The woven strips in the sample are 5.5 mm wide. The bag is stitched fully closed on both ends except for a relatively small diagonal opening in the top. Each bag has seperate piece of similar material, approximately 70 mm wide, stitched to the inside of the top opening. It is called a valve piece, and forms a chute through which material being inserted into the bag must pass. The valve piece is also made from strips 5.6 mm wide. The imported bags will be manufactured in India.

ISSUE:

The issue presented is whether the sample bag is classifiable (1) under Heading 3923, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as bags or sacks of plastics for the conveyance or packing of goods; (2) under heading 4602, HTSUSA, as an article made from woven plaiting materials in sheet form provided for in heading 4601, HTSUSA; or (3) under Heading 6305, HTSUSA, which provides for textile sacks or bags of a kind used for the packing of goods.

LAW AND ANALYSIS:

Imported goods are classifiable according to the General Rules of Interpretation (GRI's) of the HTSUSA. GRI 1 provides that for legal purposes, classification shall be determined according to the terms of the headings in the tariff and according to any pertinent section or chapter notes.

Heading 6305 is located in Section XI, HTSUSA. Section XI Note 1(g) provides that Section XI does not cover:

Monofilament of which any cross-sectional dimension exceeds 1 mm or strip or the like (for example, artificial straw) of an apparent width exceeding 5 mm, of plastics (chapter 39), or plaits or fabrics or other basketware or wickerwork of such monofilament or strip (chapter 46).

In accordance with Note 1(g), the sample bag, which is made entirely from strips over 5 mm wide, is precluded from classification in heading 6305.

Note 1 of Chapter 46, HTSUSA, wherein heading 4602 is located, provides:

In this chapter the expression "plaiting materials" means materials in the state or form suitable for plaiting, interlacing or similar processes; it includes * * * monofilament and strip and the like of plastics * * * but not * * * monofilament and strip and the like of chapter 54.

Pursuant to Note 1, Chapter 46 (when read in conjunction with Note 1(g), Section XI), plastic strips which are over 5 mm in apparent width fall within the definition of "plaiting materials".

However, heading 4602, HTSUSA, requires that for merchandise to be classifiable in that heading, an article must either be "made directly to shape" from plaiting materials, or be made up "from articles of heading 4601". Obviously, since the bags require some assembly and stitching, they are not "made directly to shape". Accordingly, for heading 4602 to be applicable, the subject bags must be made up "from articles of heading 4601".

Heading 4601 provides:

Plaits and similar products of plaiting materials, whether or not assembled into strips; plaiting materials, plaits and similar products of plaiting -3-
materials, bound together in parallel strands or woven, in sheet form, whether or not being finished articles (for example, mats, matting, screens). (Underscoring added)

Based on the foregoing, we conclude that heading 4601 describes the material from which the instant bags are constructed--plaiting materials woven in sheet form--and, therefore, heading 4602 is applicable to those bags.

Heading 3923, HTSUSA, which provides for articles for the conveyance or packing of goods, of plastics, also apparently describes the instant bag. However, Note 2(ij) to Chapter 39, HTSUSA, wherein heading 3923 is located, specifically precludes plaits and other articles of Chapter 46 from coverage by Chapter 39. Since the merchandise is provided for in Chapter 46, it is not classifiable in Chapter 39 (under heading 3923).

HOLDING:

The subject bag is classifiable under the provision for other articles made up of plaiting materials in sheet form, in subheading 4602.90.0000, HTSUSA, with duty at the rate of 5.3 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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.

Sincerely,

John Durant, Director

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