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NY J89965




October 28, 2003

CLA-2-63:RR:NC:N3:351 J89965

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020

Mr. Robert J. Geraghty
Vice President
Halsted Corp.
78 Halladay street
P.O. Box 468
Jersey City, NJ 07304

RE: The tariff classification of textile sacks from Pakistan.

Dear Mr. Geraghty:

In your letter dated October 7, 2003, you requested a ruling on tariff classification.

You supplied a sack which you say is made of woven polypropylene strips, with the outside of the sack laminated with a 30 micron polypropylene film. The polypropylene strips do not exceed five millimeters in width; they thus meet the tariff definition of textile. The polypropylene coating on the outer surface is considered to be not visible to the naked eye and the textile fabric is not considered a coated fabric for tariff purposes.

Empty and folded flat, it measures approximately 21.5” high x 19.5” across, and it weighs less than one kilogram. The sack is to be used to transport Portland cement powder.

You have stated that you believe the correct classification for this sack is in subheading 3923.21.00, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, sacks and bags of polymers of ethylene. However, as stated above, the sack is of textile materials and thus classification in heading 3923, which is a plastics provision, would be incorrect.

The applicable subheading for this product 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 8.5 percent ad valorem.

Your letter mentions that you will be importing these bags in various sizes. This ruling applies only to the sample we have examined. If you wish a ruling on other sizes, please submit another ruling request.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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.

You have indicated in your letter that you are aware of another importer using an incorrect classification for this merchandise. If you are able to furnish specific information, such as the name of the importer, please contact National Import Specialist Mitchel Bayer.

Sincerely,

Robert B. Swierupski
Director,

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