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NY L87811




October 3, 2005

CLA-2-63:RR:NC:N3:351 L87811

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.32.0010, 6305.32.0020, 6305.33.0010, 6305.33.0020

Thomas A. Kane
Euro-American Merchandise Co. Inc.
New Castle Corporate Commons
42 Read’s Way
New Castle, DE 19720-1649

RE: The tariff classification of woven polypropylene bulk bags from China

Dear Mr. Kane:

In your letter dated September 21, 2005, you requested a tariff classification ruling.

You submitted pictures of flexible intermediate bulk containers (FIBC’s) and other bulk bags used for packaging grain, chemicals, cement, pet foods and other items, and for waste removal, according to your letter. You included two pieces of the fabrics that will be used. They are woven of polypropylene strips, which measure approximately 2-3mm. The strips meet the dimensional requirements for man-made fiber strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS). For this reason, the sacks and bags are not classifiable under subheading 3923.21.00, HTS, which covers articles for the conveyance or packing of goods, of plastic, sacks and bags, of polymers and ethylene, as you suggest.

The FIBC’s are shown being hoisted by a forklift using loops at the top. It is not clear whether the bag is opened or sealed. The bags appear to be at least six feet tall and three feet square.

Depending on the weight of the FIBC’s, the applicable subheading 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 bags weigh one kilogram or more, 6305.32.0010, HTS, applies. If the bags weigh less than one kilogram, 6305.32.0020, HTS, applies. The rate of duty will be 8.4 percent ad valorem for both subheadings.

The other bags as shown appear to be standard pet-food type bags. In addition, there is a picture of bags in large rolls; your letter mentions “bags circularly woven in rolls for packaging of the above, and used in automatic bagging equipment.” We take this to mean the pet-food type bag.

Depending on the weight of these bags, the applicable subheading 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 8.4 percent ad valorem.

The bags classified in HTS 6305.32 and HTS 6305.33 fall within textile category designation 669. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at www.otexa.ita.doc.gov.

You also ask if there is a classification for “Fabric for Civil Engineering.” While there is no such specific HTS provision, you may submit more information on the fabric as well as a sample and we will issue a classification ruling on it. You also mention “fabric made of woven of polypropylene, use in construction work, such as to cover bridges during sandblasting and painting.” Again, we require a sample and a complete description of the fabric in order to issue a ruling.

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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