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September 15, 1999

CLA-2-63:RR:NC:TA:352 E86226

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.32.0010; 6305.32.0020

Mr. Jay Ponnakudam
Harpster of Philipsburg, Inc.
200 Shady Lane
P.O. Box 429
Philipsburg, PA 16866-0429

RE: The tariff classification of flexible intermediate bulk containers from India or the United Arab Emirates.

Dear Mr. Ponnakudam:

In your letter dated August 10, 1999 you requested a classification ruling.

The submitted literature depicts a flexible intermediate bulk container made from 100% polypropylene woven fabric. A sample swatch from one of the containers was enclosed with the correspondence. Although the literature lists many variations in the construction of the container, this response will be limited to containers made from the fabric submitted. Since changes in the width of the strips from which the container is made or the application of coatings can effect classification, it is not possible to address the classification of those containers for which a sample has not be submitted. The sample swatch is plain woven and is constructed from 100% polypropylene strip that measure 2 millimeters in width. These strips meet the dimensional requirements to be considered textile strip and the fabric woven from them are considered textile fabrics. The literature indicates that the strips will be woven on a circular loom into a fabric and then assembled with other woven fabric components such as tops, bottoms, chutes and handles made of the same materials as the main body of the bag. These bags are designed to store and transport dry flowable commodities such as fertilizer, cement, chemicals, grain etc.

The applicable subheading for the flexible intermediate bulk container if the bag weighs one kilogram or more 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 percent ad valorem.

The applicable subheading for the flexible intermediate bulk container if the bag weighs less than one kilogram will be 6305.32.0020, 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, flexible intermediate bulk containers, other. The duty rate will be 9 percent ad valorem.

Both the bags (those weighing one kilogram and over and those weighing less than one kilogram) fall within textile category designation 669. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa while products of the United Arab Emirates are subject to visa requirements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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