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NY I88828





December 5, 2002

CLA-2-63:RR:NC:TA:351 I88828

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0010; 6305.33.0020; 6305.32.0010; 6305.32.0020; 5407.20.0000

Mr. Stanley Vick
Kuehne & Nagel, Inc.
235 Southfield Parkway
Forest Park, GA 30297

RE: The tariff classification of bags, flexible intermediate bulk containers, and woven fabrics from Taiwan.

Dear Mr. Vick:

In your letter dated November 25, 2002, on behalf of New South International, you requested a classification ruling.

The submitted swatch and descriptive literature are representative samples of the material used for the manufacture of woven bags, flexible intermediate bulk containers, and woven fabrics. The swatch is made of plain woven polypropylene strips. The strips meet the dimensional requirements of man-made fiber strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS).

The smaller bags and the flexible intermediate bulk containers are used for packaging of agricultural products, chemical, sugar, coffee and animal food products. They measure approximately 4’ x 8’ x 16’, 4’ x 6’ x 16’, and 4’ x 4’ x 16’.

Depending on the weight of the smaller bags, the applicable subheading for the bags will be either 6305.33.0010 or 6305.33.0020, 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. If the bags weigh one kilogram or more, 6305.33.0010 applies. If the bags weigh less than one kilogram, 6305.33.0020 applies. The rate of duty will be 8.6 percent ad valorem for both subheadings. The rate of duty for the year 2003 will be 8.5 percent ad valorem for both subheadings.

Depending on the weight of the flexible intermediate bulk containers, the applicable subheading for the containers will be either 6305.32.0010 or 6305.32.0020, 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 If the containers weigh one kilogram or more, 6305.32.0010 applies. If the containers weigh less than one kilogram, 6305.32.0020 applies. The rate of duty will be 8.6 percent ad valorem for both subheadings. The rate of duty for the year 2003 will be 8.5 percent ad valorem for both subheadings.

The woven fabric contains 10 strips per inch in the warp and 10 strips per inch in the filling. Weighing approximately 125g/m2, the fabric will be imported on rolls of a width of 285 centimeters.

The applicable subheading for the woven fabric will be 5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 3.4 percent ad valorem. The duty rate for the year of 2003 will be 1.7 percent ad valorem.

The woven fabric falls within textile category designation 620. Based upon international textile trade agreements products of Taiwan 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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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