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NY C88966


June 18, 1998

CLA-2-63:RR:NC:TA:352 C88966

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.32.0010

Mr. Thomas G. Travis

Sandler, Travis & Rosenberg, P.A.

The Waterford

5200 Blue Lagoon Drive

Miami, FL 33126-2002

RE: The tariff classification of intermediate bulk containers made from polypropylene woven fabrics from Guatemala.

Dear Mr. Travis:

In your letter dated June 5, 1998, on behalf of your client Amersack Corp., you requested a classification ruling.

You have submitted four samples of intermediate bulk containers designated as "Samples I, II, III and IV". Each of the samples is a bag that is square in shape and measures approximately 35" X 35" X 35" and is equipped with four textile fabric lifting straps which have been sewn onto the top four corners of the bag. These bags are made by sewing several panels of woven fabric into the shape of a cube. Each of the bags is equipped with top and bottom openings in the form of fabric chutes which facilitate the filling and discharge of the goods which will be stored in the intermediate bulk containers. The fabric panels have been woven from 100% polypropylene strip that measure approximately 3 millimeters in apparent width. These bags are designed for the storage and transportation of dry flowable commodities such as grain, flour, chemicals etc.

Sample I weighs approximately 1.7 kilograms and has not been laminated, coated or covered with a plastic. Sample II weighs approximately 1.89 kilograms and has been laminated on the inner surface of the bag with a clear coating of polypropylene which is not visible to the naked eye. Sample III weighs approximately 1.8 kilograms and has not been coated covered or laminated with plastic. Sample IV weighs approximately 2.1 kilograms and has been coated, covered or laminated on the bags interior surface with a clear polypropylene plastic which is not visible to the naked eye.

Although your correspondence presents data indicating that the preponderance of the polypropylene strips used to weave the fabrics from which these bags are manufactured exceed 5 millimeters in width, a careful examination of all of the samples submitted fails to verify that even a single strip exceeds 5 millimeters in apparent width. It should be noted that it is the apparent width that is controlling and even if a strip in a flattened condition may exceed 5 millimeters, if it is crimped or folded to a width of 5 millimeters or less, it is still considered a strip with a width of 5 millimeters or less. Therefore, since all of the polypropylene strips used in the manufacture of the fabrics from which these bags have been manufactured are under 5 millimeters in width, they meet the dimensional requirements to be considered textile strip and the fabric woven from such strips and the bags made from those fabrics are considered to be of textile materials. Because of this we have not addressed your arguments concerning the essential character of these bags.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to:

(A) Textile fabrics, impregnated, coated, covered or
laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than:

(1) Fabrics in which the impregnation coating or
covering cannot be seen with the naked eye (usually
chapter 50 to 55, 58 or 60); for the purpose of this
provision, no account should be taken of any resulting
change in color;

Since the coating or lamination on the fabrics of samples II and IV are not visible to the naked eye, they are not considered coated fabrics for the purposes of classification as a coated or laminated fabric in heading 5903, HTS and the coating or lamination with plastic does not effect the fabric's status as a textile fabric. Consequently the bags made from such fabric are textile bags.

The applicable subheading for all four styles of intermediate bulk containers will be 6305.32.0010, 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, flexible intermediate bulk containers, weighing one kg or more. The duty rate will be 9.1 percent ad valorem.

Goods which are classifiable in subheading 6305.32.0010 are not eligible for reduced duties under Caribbean Basin Economic Recovery Act.

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,


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