NY 803385 - The tariff classification of a "Flexible Intermediate Bulk Container" from India. - United States International Trade Commision Rulings

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NY 803385

October 28, 1994

CLA-2-63:S:N:N6:345 803385

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.31.0010; 6305.31.0020

Mr. Shankar Balan
Palmetto Industries International Inc.
1812 Tobacco Rd.
Augusta, GA 30906

RE: The tariff classification of a "Flexible Intermediate Bulk Container" from India.

Dear Mr. Balan:

In your letter dated October 5, 1994, you requested a tariff classification ruling.

The sample submitted is a "Flexible Intermediate Bulk Container" (FBIC) made of 100 percent woven polypropylene strips. The strips meet the dimensional requirements for man-made fiber strips contained in Section XI, Legal Note 1 (g) of the Harmonized Tariff Schedules of the United States (HTS). The bag had web type textile straps attached at the top of the bag for lifting purposes. Spouts are located at the top and bottom of the bag for loading and discharging. The bag is used for packaging kaolin clay.

Depending on the weight of the bag, the applicable subheading for the bag will be either 6305.31.0010 or 6305.31.0020, Harmonized Tariff Schedule of the United States (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 strips or the like. If the bag weighs one kilogram or more, 6305.31.0010, HTS, applies. If the bag weighs less than one kilogram, 6305.31.0020, HTS, applies. The rate of duty will be 9.5 percent ad valorem for both subheadings.

The bag 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 you 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
New York Seaport

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