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NY E87370




October 6, 1999

CLA-2-63:RR:NC:TA:352 E87370

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020

Mr. Joseph D. Bosco
World Express Inc.
P.O. Box 489
E. Boston, MA 02128

RE: The tariff classification of a “potato bag” woven with polypropylene strip from India, China, Indonesia, Turkey, Chile or Argentina.

Dear Mr. Bosco:

In your letter dated September 14, 1999, on behalf of your client Henry W. Peabody & Co., Inc., you requested a classification ruling.

The submitted sample is a potato sack measuring 30” X 18” and weighing approximately 58.3 grams. It is constructed of 100% polypropylene woven fabric that has been sewn closed along the bottom and one side creating a bag that is open on one end. The fabric used in the construction of this product has been woven from polypropylene strips that measure between 1 and 3 millimeters in width. This strip meets the dimensional requirements to be considered man-made textile strip for the purposes of the Harmonized Tariff Schedules. Consequently, the fabric woven from these textile strips is considered to be textile fabric and the bags made from this fabric are considered to be bags made of textile fabric. This bag is designed to pack, store and market potatoes.

The applicable subheading for the polypropylene bag will be 6305.33.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for sacks and bags, of a kind used for the packing of goods, of man-made textile materials, other, of polyethylene or polypropylene strip or the like, other. The duty rate will be 9 percent ad valorem.

This bag falls within textile category designation 669. Based upon international textile trade agreements products of China, Indonesia, and India are subject to quota and the requirement of a visa. Argentina, Chile and Turkey are not currently subject to either visa requirements or quota restraints for this type of merchandise at the present time.

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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