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NY H86952




January 17, 2002

CLA-2-63:RR:NC:N3:351 H86952

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020, 4602.90.0000

Mr. Bharat Thakkar
International Trading Company, Inc.
20 Split Tree Drive
Wappinger Falls, NY 12590

RE: The tariff classification of polypropylene sacks from India.

Dear Mr. Thakkar:

In your letter dated January 12, 2002, you requested a ruling on tariff classification.

You submitted samples of three sacks made of woven polypropylene strips. You state that the sacks have a diverse range of uses, primarily for packing in the agriculture, chemical, and pharmaceutical industries. You also state that they will be manufactured in various weave counts, shapes, colors, sizes, weights, and thicknesses, coated and uncoated, with and without UV protection. Since classification of the sacks is based on these factors, we can only rule on the three samples which you have submitted.

One is described as 22” x 30”, 900 denier, 10 x 10 mesh, weighing 76 grams, unlaminated, with an open top. It is made from a tubular woven fabric hemmed at the top and bottom. The second is the same, but the weight is 97 grams and it is coated on the outer surface with a clear plastic coating. In both cases, the polypropylene strips are under 5 mm in apparent width, thus meeting the tariff definition of textile strips.

The third sample is a sack described as 39 cm x 16 cm x 88 cm, 5 x 5 weave, weighing 88 grams. It is coated on the outer surface with a clear plastic coating. The polypropylene strips exceed 5 mm in apparent width, thus taking them out of the provision for textile strips.

The applicable subheading for the two sacks that are woven of textile strips 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 general rate of duty will be 8.6 percent ad valorem.

The applicable subheading for the sack made of non-textile plastic strips will be 4602.90.0000, HTS, which provides for other (non-enumerated) basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601. Articles classifiable under subheading 4602.90.0000, HTS, which are products of India, are entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The general rate of duty will be 3.5 percent ad valorem.

The sacks classified in subheading 6305.33.0020 fall within textile category designation 669. Based upon international textile trade agreements products of India are currently 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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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