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NY 810233




May 30, 1995

CLA-2-63:S:N:N6:345 810233

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 6305.31.0010; 6307.90.9989; 5407.20.0000

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

RE: The tariff classification of a "Bulk Bag", "Components for a Bulk Bag" and "Fabrics" from India, South Korea, Mauritius, Thailand and England.

Dear Mr. Balan:

In your letter dated May 10, 1995, you requested a classification ruling.

The following samples were submitted:

A. Component #1 is referred to as a "Top". It is made of woven polypropylene strips. The individual warp and weft strips from which the top is woven are less than 5 millimeters in width. The strips meet the dimensional requirements for man-made fiber strips contained in Section XI, Legal Note 1 (g) of the Harmonized Tariff Schedule of the United States (HTS). It measures approximately 39 inches squared. The article has an opening in the center. Attached to the center opening is a tubular shaped fabric constructed of the same material and measures approximately 22 inches long with a web strap closure. The "Top" will be attached to a bulk bag's body.

B. Component #2 is referred to as a "Pouch". It is constructed of the same above fabric and measures approximately 18 11/16" x 11 11/16". Sewn onto one side are rectangular polyethylene sheets which form an opened pocket. The "Pouch" will be attached to a bulk bag's body.

C. Component #3 is referred to as "Body 2". It is a bulk bag made of woven polypropylene strips. The individual warp and weft strips from which the bag are woven are less than 5 millimeters in width. The strips meet the dimensional requirements for man-made fiber strips contained in Section XI, Legal Note 1 (g) of the HTS. The bulk bag measures approximately 51 1/2" x 35", is opened at one end and has a discharge chute with textile web strap closure at the other.

D. Component #4 is referred to as the "Bottom". It is constructed of the same above fabric and measures approximately 39 1/2" x 39". There is a center opening with a textile web strap closure. Attached to the center opening is a tubular shaped fabric constructed of the same material and measures approximately 20 inches long with a web strap closure. The "Bottom" will be attached to a bulk bag's body.

E. Component #5 is a rectangular shaped liner made of polyethylene sheet.

F. Woven fabrics made of polypropylene strips less than 5 millimeters in width.

You stated that component #3, "Body 2", will be imported as two pieces, a body and bottom or as the sample submitted. If the two pieces (imported in the same shipment) are cut to a specific size for a specific use, with only minor processing (the stitching together) needed to have a finish article, they have the essential character of the finished bag and pursuant to GRI 2 (a), are classifiable as an unfinish sack or bag.

Also, you mentioned that the "Top", "Pouch", "Body" and "Bottom" will be imported in separate shipments. When imported separately the appropriate classifications below applies.

The applicable subheading for the "Top", "Pouch" and "Bottom"(when imported separately) will be 6307.90.9989, HTS, which provides for other made up articles...Other: Other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for "Body 2" will depend on the weigh of the bag. The subheading for "Body 2" 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 strips or the like. If the bag weighs one kilogram or more 6304.31.0010, HTS, applies. If the bag weighs less than one kilogram, 6305.31.0020, HTS, applies. The rate of duty will be 9.4 percent ad valorem for both subheading.

The applicable subheading for the liner will be 3920.10.0000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated,supported or similarly combined with other materials, of polymers of ethylene. The duty rate will be 4.2 percent ad valorem.

The applicable subheading for the fabrics will be 5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Woven fabrics obtained from strip or the like. The rate of duty will be 15.3 percent ad valorem.

The "Body 2" falls within textile category designation 669. Based upon international textile trade agreements products of India, Korea and Thailand are subject to quota and the requirement of a visa.

The fabrics fall within textile category designation 620. Based upon international textile trade agreements products of India, Korea and Thailand are subject to quota and the requirement of a visa.

Articles classifiable under subheadings 6307.90.9989 and 3920.10.0000, HTS, which are products of India, Thailand and Mauritius, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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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