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NY C87075




April 29, 1998

CLA-2-63:RR:NC:TA:352 C87075

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020

Ms. Melinda Shellnut
Coppersmith Inc.
3014 Airfreight Road, Suite 200
Houston, Texas 77032

RE: The tariff classification of a 100% Polypropylene bag for packing cement from India.

Dear Ms. Shellnut:

In your letter dated April 17, 1998, on behalf of your client Unlimited Plastics Company, Inc., you requested a classification ruling.

The submitted sample, designated as a "Polypropylene Sewn Valve Bag", is a bag composed of 100% polypropylene. It is constructed from a plain woven fabric manufactured by weaving polypropylene strips that measure 3 millimeters in width into a fabric and then sewing several panels of fabric into a bag. The polypropylene strips meet the dimensional requirements to be considered textile strips and consequently the bag is considered a textile bag. This product measures 30 inches in length by 19 inches in width, weighs 71 g/m2 and features a small opening in one side of the bag near its top which facilitates the packing of the bag. The bag is designed to be filled with cement or a cement mix and is used to store, ship and market the cement. In a telephone conversation with this office you indicate that some of the bags you intend to import, although identical in construction and use, might have slightly smaller dimensions and may be imprinted on the outside with marketing information identifying the seller, product and similar information.

The applicable subheading for the packing bags whether or not imprinted with marketing information will be 6305.33.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for sacks and bags, of a kind used for packing of goods, of man-made textile materials, other, of polyethylene or polypropylene strip or the like, other. The duty rate will be 9.1 percent ad valorem.

This 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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-466-5896.

Sincerely,

Robert B. Swierupski
Director,

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