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NY F87856




June 12, 2000

CLA-2-63:RR:NC:TA:351 F87856

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.39.0000

Mark F. Lewis
Manager
Legend Mine Supply, Inc.
125 Manuel Street
Reno, Nevada 89502-1118

RE: The tariff classification of rock or soil sample bags from China.

Dear Mr. Lewis:

In your letter dated May 30, 2000, you requested a classification ruling.

You submitted a sample of a flat bag, approximately 17 inches tall by 9½ inches wide. At the top, one inch has been folded in and stitched down to create a tunnel through which a drawstring runs. A pleat runs the length of the bag allowing for expansion as it is filled. The bag is stitched the length of the pleat; in the seam is a label on which the user may fill in spaces labeled “company name,” “sample number,” “type sample,” “analyze for Au, Ag, As, Sb, Hg.” You state that they will be used in the mining and exploration industry to contain rock and soil samples which are sent to a facility for analysis and they are discarded after one use.

You state that the bags are manufactured of polypropylene and are made of a non-woven material. You write, “These non-textile bags of ours are actually pressed or extruded from virgin pellets.” The bag is indeed nonwoven; it is manufactured by the spun-bonded method out of polypropylene fibers extruded from the pellets.

You claim that these bags have been misclassified by Customs in textile category 669P, and you refer to the category description, which you feel excludes this item. Please be advised that Customs does not classify by textile category number; that number is assigned by virtue of the classification of the merchandise under the Harmonized Tariff Schedule of the United States (HTS).

The applicable subheading for the mineral sample bags will be 6305.39.0000, HTS, which provides for sacks and bags, of a kind used for the packing of goods: of man-made textile materials: . . . other. The duty rate will be 8.8 per cent ad valorem.

HTS 6305.39.0000 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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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