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NY 877762




SEPTEMBER 14, 1992

CLA-2-63:S:N:N3H:345 877762

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.31.0010; 6305.31.0020

Mr. Robert Agopian
Crown Chemicals Corporation
80-17 249th Street
Bellerose, Queens, New York 11426

RE: The tariff classification of a sack from India.

Dear Mr. Agopian:

In your letter dated August 12, 1992, you requested a classification ruling.

The sample submitted is a sack composed of woven polypropylene strips, under 5mm, open at one end, and measures approximately 105 centimeter long by 60 centimeter wide. 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).

You believe that the article should be classifiable under subheading A4602.90.0000, HTS, which provided for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: Other. Note the Explanatory Notes of Section IX, Chapter 46, General Notes. This article is under 5mm, therefore it is excluded from this chapter.

Depending on the weight of the sack, the applicable subheading for the sack 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 sack weighs one kilogram or more, 6305.31.0010, HTS, applies. If the sack weighs less than one kilogram, 6305.31.0020, HTS, applies. The rate of duty will be 9.5 percent ad valorem for both subheading.

The sack falls within textile category designation 669. Based upon international textile trade agreements, products of India are subject to quota and visa 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.

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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