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NY 809750




May 15, 1995

CLA-2-63:S:N:N6:345 809750

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.31.0020

Mr. Dan Hogan
Midco Enterprises, Inc.
145 Grand Avenue
Kirkwood, MO 63122-6007

RE: The tariff classification of a bag from India.

Dear Mr. Hogan:

In your letter dated April 13, 1995, you requested a classification ruling.

The sample submitted is a bag made of an open-work warp knit textile fabric composed of polyethylene monofilament fibers having a cross-sectional dimension less than 1 millimeter. It measures approximately 43.5 centimeters long by 20 centimeters wide and weighs 0.52 ounce. A piece of the same fabric is inserted through the top to service as a drawstring closure. It is used to hold seed corn.

You requested classification in 3923.21.0019, Harmonized Tariff Schedule of the United States (HTS) which provides for articles for the conveyance of packing of goods, of plastics. The sample, however, is imported as a textile material rather than plastics; and is precluded from classification in chapter 39 Please note HTS, Section XI, Note (g).

The applicable subheading for the bag will be 6305.31.0020, HTS, which provides for sacks and bags of a kind used for the packing of goods: Of man-made textile material: Of polyethylene or polypropylene strip or the like. The duty rate will be 9.4 percent ad valorem.

The bag falls within textile category designation 669. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

The designated textile and apparel categories 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
New York Seaport

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