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NY H85469




August 29, 2001

CLA-2-54:RR:NC:TA:352 H85469

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000; 6305.33.0020

Mr. Sunil Daga
Jainco Products
25200 Chagrin Boulevard, Suite 101
Beachwood, Ohio 44122

RE: The tariff classification of 100% polypropylene tubular fabric and packing bags made from 100% polypropylene tubular fabric from India.

Dear Mr. Daga:

In your letter dated August 22, 2001 you requested a classification ruling.

Two samples accompanied your request for a ruling. The first sample, designated as Tubular PP fabric, is a section of tubular plain woven fabric composed of 100% polypropylene. This product is manufactured by weaving polypropylene strips that measure 2 to 4 millimeters in width into seamless plain woven tubular fabric on a circular loom. The strips meet the dimensional requirements to be considered textile strips and consequently the tubular fabric is considered a textile product. Weighing approximately 200 g/m2, this fabric will be imported in various widths ranging between 38 and 127 centimeter when flattened. It will be imported in 1000 to 2000 yard rolls. This item contains approximately12 strips per inch in the warp and 10 strips per inch in the filling. Your correspondence indicates that this item will be used in the manufacture of bags for agricultural commodities.

The second sample, designated as PP Bag, is a bag designed for packing agricultural commodities. The bag is constructed from tubular polypropylene fabric by sewing closed one end of the tube. The fabric from which this bag is produced is manufactured by weaving a tubular fabric from polypropylene strips that measure 2 to 4 centimeters in width. The strips meet the dimensional requirements to be considered textile strips and consequently the fabric and the bags made from that fabric are considered to be made of textile materials. Your correspondence indicates that you intend to import bags made of this material in a variety of sizes with widths ranging between 15 and 50 inches and lengths ranging between 20 and 60 inches. Each of the bags will weigh less than 1 kilogram with the submitted sample weighing approximately 76 g/m2 and measuring 24 inches by 40 inches.

The applicable subheading for the polypropylene tubular fabric will be 5407.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 5.1 percent ad valorem.

The applicable subheading for the polypropylene packing 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 8.7 percent ad valorem.

The polypropylene tubular fabric falls within textile category designation 620. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

The polypropylene bag falls within textile category designation 669. Based upon international textile trade agreements products of India 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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