CLA-2 CO:R:C:T 950360 HP
Mr. Des Pope
Fulton-Denver Company
3500 Wynkoop Street
Denver, CO 80216
RE: Onion bag of woven polypropylene strips is a sack used
for the packing of goods.
Dear Mr. Pope:
This is in reply to your letter of September 17, 1991.
That letter concerned the tariff classification, under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), of onion bags, produced in the Philippines.
FACTS:
The merchandise at issue consists of an onion bag
constructed of woven polypropylene strips approximately 1mm
wide, measures approximately 32" x 19", and is open at one
end.
ISSUE:
What is the appropriate classification of this
merchandise under the HTSUSA?
LAW AND ANALYSIS:
Heading 6305, HTSUSA, provides for sacks and bags, of a
kind used for the packing of goods. The Explanatory Notes
(EN) to the HTSUSA constitute the official interpretation of
the tariff at the international level. While not legally
binding, they do represent the considered views of
classification experts of the Harmonized System Committee. It
has therefore been the practice of the Customs Service to
follow, whenever possible, the terms of the Explanatory Notes
when interpreting the HTSUSA. The EN to this heading states:
[t]his heading covers textile sacks
and bags of a kind normally used for the
packing of goods for transport, storage or
sale.
These articles, which vary in size
and shape, include in particular coal,
grain, flour, potato, coffee or similar
sacks....
Clearly, the onion sacks at issue are covered by this
HTSUSA provision. Resulting from the enactment of the Omnibus
Trade and Competitiveness Act of 1988, Pub. L. No. 100-418,
102 Stat. 1107 (1988), the HTSUSA became our tariff code,
effective January 1, 1989. Customs is mandated by law to
classify merchandise according to the terms of this schedule,
aided by various explanatory materials.
We regret that the above classification imposes a higher
rate of duty on your merchandise than the U.S. mesh bag
industry is advocating. You may wish to consider contacting
your representatives in Congress concerning possible
legislative relief. For information as to potential
quota/visa waiver, please contact:
Chairman
Committee for the Implementation of Textile Agreements
U.S. Department of Commerce
Room 3001
Washington, D.C. 20230
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 6305.31.0020, HTSUSA, textile
category 669, as sacks and bags, of a kind used for the
packing of goods, of man-made textile materials, of
polyethylene or polypropylene strip or the like, other. The
applicable rate of duty is 9.5 percent ad valorem.
The designated textile and apparel category may be sub-
divided into parts. If so, visa and quota requirements ap-
plicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent negotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the
Status Report On Current Import Quotas (Restraint Levels), an
issuance of the U.S. Customs Service, which is updated weekly
and is available at your local Customs office.
Due to the changeable nature of the statistical
annotation (the ninth and tenth digits of the classification)
and the restraint (quota/visa) categories, you should contact
your local Customs office prior to importing the merchandise
to determine the current status of any import restraints or
requirements.
A copy of this ruling letter should be attached to the
entry documents filed at the time this merchandise is
imported. If the documents have been filed without a copy,
this ruling should be brought to the attention of the Customs
officer handling the transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division