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HQ 960087




April 23, 1997

CLA-2 RR:TC:TE 960087 CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12129

RE: Classification and country of origin of a vegetable/grain/produce bag; Heading 6305; Section 102.21(c)(2), Customs Regulations

Dear Mr. Ralston:

This is in response to your inquiry of November 16, 1996, requesting a country of origin and tariff classification ruling for a certain bag. This request is on behalf of your client Manyan, Inc. A sample was submitted for examination.

FACTS:

The bag at issue is comprised of 100 percent polypropylene strip. The strip that makes up the bag measures between two and three millimeters in width. The bag measures approximately 40 inches in length and 20 inches in width and weighs approximately 80.9 grams. The bag has been cut to size and sewn in Canada from fabric woven on a circular loom in China. The bag has been sewn closed on one end and the edges of the open end have been folded down. You state that the bag is used to pack vegetables, grain, or other similar produce.

ISSUES:

I. What is the tariff classification of the subject bag pursuant to the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

II. What is the country of origin of the subject bag?

LAW AND ANALYSIS:

TARIFF CLASSIFICATION

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's, taken in order.

Heading 6305, HTSUSA, provides for sacks and bags, of a kind u sed for the packing of goods. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN), although not legally binding, are the official interpretation of the tariff at the international level. The EN state, in pertinent part:

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 such as tea sachets.

Articles classifiable under Heading 6305, HTSUSA, are of the class or kind of merchandise used to carry commercial goods usually transported in bulk. See, HQ 951539, dated July 9, 1992, which discussed the classification of bulk bags under Heading 6305, HTSUSA. See also, HQ 088453, dated May 2, 1991, which determined that bulk bags used to pack goods for transport, storage or sale was properly classifiable under Heading 6305, HTSUSA. In this case, Customs is of the opinion that the instant bag is to be used to pack articles for transport, storage or sale including vegetables, grain, or other similar produce, thus it is classifiable under Heading 6305, HTSUSA.

COUNTRY OF ORIGIN

Pursuant to Section 334 of the Uruguay Round Agreements Act (codified at 19 USC Section 3592), new rules of origin were effective for textile products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. These rules were published in the Federal Register, 60 Fed. Reg. 46188 (September 5, 1995). Section 102.21, Customs Regulations (19 CFR Section 102.21), sets forth the general rules to determine country of origin. Thus, the country of origin of a textile product is determined by a hierarchy of rules set forth in paragraphs (c)(1) through (c)(5) of Section 102.21.

Section 102.21(c)(1) sets forth the general rule for determining the country of origin of a textile or apparel product when the good was wholly obtained or produced in a single country, territory, or insular possession. As the subject bag has not been wholly obtained or produced in a single country, territory, or insular possession, this section is inapplicable.

Section 102.21(c)(2) provides for instances where the country of origin of a textile or apparel product cannot be determined under Section 102.21(c)(1).

Section 102.21(c)(2) provides, in pertinent part:

Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each foreign material incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section.

Section 102.21(e) states "The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section."

6301-6306 The country of origin of a good classifiable under heading 6301 through 6306 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process..

As stated above, the subject bag is classifiable under Heading 6305, HTSUSA. In accordance with Section 102.21(c)(2) and the applicable Section of 102.21(e), the country of origin of the subject bag is China, as this is the country where fabric comprising the good is formed by a fabric-making process.

HOLDING:

The bag is classifiable in subheading 6305.33.0020, which provides for sacks and bags, of a kind used for the packing of goods; other, of polyethylene or polypropylene strip or the like; other. The applicable rate of duty is 9.2 percent ad valorem and the textile restraint category is 669.

The 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 updated weekly and is available at your 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, you should contact your local Customs office prior to importing the merchandise to determine the current applicability of any import restraint requirements.

The country of origin of the subject bag is China in accordance with Section 102.21(c)(2) and the Section 102.21(e).

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

Sincerely,

John Durant, Director
Tariff Classification Appeals

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