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NY E89542




November 16, 1999

CLA-2-63:RR:NC:TA:352 E89542

CATEGORY: CLASSIFICATION

TARIFF NO.: 4819.40.0020; 6305.32.0010

Mr. Bill Brady
OIA Global Logistics
8338 NE Alderwood Road, Suite 200
Portland, OR 97220

RE: The tariff classification of a textile reinforced paper shipping bag and a nylon fabric flexible intermediate bulk container from China

Dear Mr. Brady:

In your letter dated November 3, 1999, on behalf of your client AgriGlobal, Inc., you requested a classification ruling. The sample submitted is being returned to you as requested.

A sample of the reinforced paper bag as well as photographs of the flexible intermediate bulk container accompanied your request for a ruling. The paper bag, measuring 39.5 centimeters by 65 centimeters by 7 centimeters, is manufactured by laminating a woven fabric scrim between two layers of paper. This fabric scrim, which reinforces the paper, is made of 100% nylon monofilaments that have been plain woven. The paper bag is designed to pack, store and ship fertilizer.

The second item, is a flexible intermediate bulk container made of 100% nylon strip. Measuring either 36” X 36” X 50” or 36” X 36” X 54” these bags will be manufactured by sewing together panels of plain woven fabric made from nylon strip. The strip from which the fabric used to construct these bags is woven, measures 2 to 3 millimeters in width and meet the dimensional requirements to be considered man-made textile strip. These bags feature lifting handles and a funnel at the bottom to facilitate the discharge of its contents. The bags are designed for the storage and transport of fertilizer. In a telephone conversation with this office you indicated that the bags weigh approximately 2.7 kilograms each.

The applicable subheading for the reinforced paper bags will be 4819.40.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding, or webs of cellulose fibers...other sacks and bags, including cones, shipping sacks and multiwall bags, other than grocers’ bags. The duty rate will be 2.6 percent ad valorem..

The applicable subheading for the nylon flexible intermediate container will be 6305.32.0010, 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, flexible intermediate bulk containers, weighing one kg. or more. The duty rate will be 9 percent ad valorem.

The nylon flexible intermediate bulk container falls within textile category designation 669. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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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