CLA-2 CO:R:C:F 951524 ALS
Mr. Vincent A. Sommella
Capital Customs Brokers, Inc.
P.O. Box 30942
J.F.K. Airport Station
Jamaica, NY 11430
RE: Polypropylene Bulk Bags
Dear Mr. Sommella:
This is in reference to your inquiry of March 25, 1992, on
behalf of Schutz Container Systems, Inc., regarding the
classification of the subject products which are used for the
transportation and storage of dry materials.
FACTS:
The articles under consideration are woven polypropylene
bags of various sizes with or without discharge chutes. The bags
may have a 3 1/2 mil polyethylene liner and an inner or outer
1-mil polypropylene coating which serve as moisture barriers to
protect the product from impurities and the elements. The basic
bag fabric is treated for protection from ultraviolet rays. The
bags, which are known as Chase mini Bulk~ semi-bulk bags, are
reusable and can hold up to 3000 pounds. The bags are designed
for both the transport and long-term storage of dry materials
such as bulk salt and borax.
ISSUE:
What is the classification of reusable woven polypropylene
bags used for the transport and long-term storage of dry
materials?
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LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Schedule
of the United States Annotated (HTSUSA) is governed by the
General Rules of Interpretation (GRI's) taken in order. GRI 1
provides that the classification is determined first in
accordance with the terms of the heading and any relative section
and chapter notes. If GRI 1 fails to classify the goods and if
the heading and legal notes do not otherwise require, the
remaining GRI's are applied, taken in order.
You have suggested that the subject products should be
classified under subheading 8609.00.0000, HTSUSA, the provision
for "Containers (including containers for the transport of
fluids) specially designed and equipped for carriage by one or
more modes of transport."
We have considered the documentation submitted with the
request and concluded that the articles under consideration are
not containers classifiable under subheading 8609.00.0000,
HTSUSA. That provision, as noted in the Explanatory Notes (EN)
to the Harmonized System, specifically EN 86.09, which represents
the opinion of the classification experts at the international
level, indicates that this provision deals only with intermodal
containers. The EN notes that the containers covered by the
subheading are receptacles specially designed and equipped for
carriage by one or more modes of transport, that they have
fittings to facilitate handling and securing on the mode of
transport and that they are suitable for "door-to-door:"
transport without intermediate repacking. Although the subject
bags can be used for "door-to-door" transport and although they
have handles which permit them to be lifted, we do not believe
that the bags are specially designed and equipped for various
modes of transport or that they have the noted fittings. The
handles on the bags are for ease of filling and emptying the bags
rather than transportation of the commodities or the securing of
them while being transported. We further note that, pursuant to
EN 86.09, cases, crates, etc., which though designed for the
"door-to-door" transport of goods are not specially constructed
to be secured to the transport vehicle, etc., are excluded from
classification under Heading 8609, HTSUSA.
The bags under consideration are known as flexible
intermediate bulk containers but may also be referred to by other
names, e.g., big bags, jumbo bags, and bulk bags. They are
generally described as flexible semi-bulk containers designed to
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meet the packing, storage, transport and handling requirements of
dry, flowable materials. They are usually made of polypropylene
or polyethylene woven fabrics and have a capacity ranging from
250 kg to 3,000 kg. They have lifting straps at the four top
corners and may be fitted with openings at the top and/or bottom
to facilitate loading and unloading.
Based thereon, we next considered subheading 3923.21.00,
HTSUSA, which provides for sacks and bags of plastic for the
conveyance or packing of goods. EN 39.23, relative thereto,
specifies that "[T]he heading excludes inter alia...flexible
intermediate bulk containers of heading 63.05." We next referred
to Heading 6305, regarding sacks and bags, of a kind used for the
packing of goods. EN 63.05 relative thereto specifies that the
heading covers sacks and bags of a kind normally used for the
packing of goods for transport, storage or sale. The EN further
specifies that the articles covered by the heading vary in size
and shape and that they include flexible intermediate bulk
containers, for coal, grain, flour, potato, coffee, etc. The
subheadings under Heading 6305 for sacks and bags of various
materials. Subheading 6305.31.00, HTSUSA, as herein pertinent,
covers sacks and bags of man-made textile materials.
HOLDING:
The articles under consideration are classifiable in
subheading 6305.31.00, HTSUSA, under the provision for sacks and
bags, of a kind used for the packing of goods, of man-made
textile materials, of polyethylene or polypropylene or the like.
Depending on the weight of the bag, the applicable subheading for
the bag, will be either 6305.31.0010 or 6305.31.0020, HTSUSA. In
either case they will be subject to a general rate of duty of 9.5
percent ad valorem and are subject to textile category 669.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggested that you check, close to the time of shipment, the
Status Report on Current Import quotas (restraint Levels), an
internal issuance of the U.S. Customs Service, which is available
for inspection at your local Customs office.
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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 importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division