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HQ 953307

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April 9, 1993

CLA-2 CO:R:C:T 953307 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.31.0010

Mr. W.S. Menahem
Rheem Australia Limited
P.O. Box 121
Clayton, VIC 3168
Australia

RE: Polypropylene bulk bags; flexible semi-bulk containers; heading 6305, HTSUSA

Dear Mr. Menahem:

This is in reply to your letter, dated January 13, 1993, requesting a binding classification ruling for polypropylene bulk bags, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The subject articles are flexible intermediate bulk containers, more commonly known as "bulk containers". The articles come in various sizes, with or without spouts and may be exported from either Australia or Malaysia. The accompanying literature indicates that the bags are constructed of woven polypropylene strips, but does not include the dimensions of the strips.

ISSUE:

What is the classification of the polypropylene bulk bags?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation. GRI 1 requires that classification be determined according to the terms of the headings and any relative section notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied in the order of their appearance.

Section Note 1(g) of Section XI, for Textiles and Textile Articles states:

This section does not cover:

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

Heading 6305, HTSUSA, provides for sacks and bags, of a kind used for the packing of goods. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) constitute the official interpretation of the tariff at the international level. The EN to heading 6305, HTSUSA state:

This 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, mail bags, and small bags of the kind used for sending samples of merchandise by post. The heading also includes such articles as tea sachets.

The bags under consideration are known as intermediate bulk containers, but may also be referred to as "big bags", "jumbo bags" and "bulk bags". As was determined in HQ 951524, dated August 17 1992, classifying similar articles:

They are generally described as flexible semi-bulk containers designed to meet the packing, storage, transport and handling requirements of dry, flowable materials. They are usually made of polypropylene or polyethylene woven fabrics and have a capacity ranging from 250 kg to 3,000 kg. They have lifting straps at the four top corners and may be fitted with openings at the top and/or bottom to facilitate loading and unloading.

The subject articles meet the description of "bulk bags" as defined by the EN to heading 6305, HTSUSA. So long as the subject bags do not meet the dimensions stated in Section Note 1(g) to Section XI, HTSUSA, they are classifiable in heading 6305, HTSUSA, which provides for sacks, and bags, of a kind used for the packing of goods.

HOLDING:

The articles under consideration are classifiable in subheading 6305.31.0010, HTSUSA, 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, weighing one kg or more. The applicable rate of duty for the bags is 9.5 percent ad valorem and the quota category is 669. If the article is a product of Malaysia it is subject to quota and visa limitations.

The designated textile and apparel categories may be subdivided into parts. If so, the 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 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 for inspection at the 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, your should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely

John Durant, Director
Commercial Rulings Division

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