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NY D80079




September 2, 1998

CLA-2-46:RR:NC:2:230 D80079

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.90.0000

Mr. Jeff Fulton
AEI Customs Brokerage Services
7240 Cross Park Drive
North Charleston, SC 29418

RE: The tariff classification of woven polypropylene bags from India

Dear Mr. Fulton:

In your letter dated June 18, 1998, on behalf of Fritz Marketing Inc., you requested a tariff classification ruling.

The ruling was requested on polypropylene bags used for packing chemicals, fertilizers and agricultural products. A sample of a folded 16 inch wide by 35 inch high bag stitched on the bottom was submitted. It is composed of interwoven narrow white strips of polypropylene. The woven strips are laminated to a continuous clear plastic film. The sample was forwarded to our Customs Laboratory to determine the width of the strips. The width of the horizontal strips was found to average 5.3 mm and the width of the vertical strips was found to average 5.2 mm.

The applicable subheading for the woven polypropylene bags will be 4602.90.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles made directly to shape from plaiting materials, other than of vegetable materials. The duty rate will be 3.9 percent ad valorem.

Presently the Generalized System of Preferences (GSP) has expired. However, articles which are classifiable under subheading 4602.90.0000, HTSUSA, which are products of India are entitled to duty free treatment under the GSP upon compliance with all applicable regulations, if the GSP is renewed.

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 Paul Garretto at 212-466-5779.

Sincerely,

Robert B. Swierupski

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