CLA-2 CO:R:C:T 953307 jb
Mr. W.S. Menahem
Rheem Australia Limited
P.O. Box 121
Clayton, VIC 3168
Australia
RE: Polypropylene bulk bags; flexible semi-bulk containers; heading 6305, HTSUSA
Dear Mr. Menahem:
This is in reply to your letter, dated January 13, 1993,
requesting a binding classification ruling for polypropylene bulk
bags, under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).
FACTS:
The subject articles are flexible intermediate bulk
containers, more commonly known as "bulk containers". The
articles come in various sizes, with or without spouts and may be
exported from either Australia or Malaysia. The accompanying
literature indicates that the bags are constructed of woven
polypropylene strips, but does not include the dimensions of the
strips.
ISSUE:
What is the classification of the polypropylene bulk bags?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation. GRI 1 requires that
classification be determined according to the terms of the
headings and any relative section notes, taken in order. Where
goods cannot be classified solely on the basis of GRI 1, the
remaining GRI will be applied in the order of their appearance.
Section Note 1(g) of Section XI, for Textiles and Textile
Articles states:
This section does not cover:
Monofilament of which any cross-sectional dimension exceeds
1mm or strip or the like (for example, artificial straw) of
an apparent width exceeding 5mm, of plastics (chapter 39),
or plaits or fabrics or other basketware or wickerwork of
such monofilament or strip (chapter 46);
Heading 6305, HTSUSA, provides for sacks and bags, of a kind
used for the packing of goods. The Explanatory Notes to the
Harmonized Commodity Description and Coding System (EN)
constitute the official interpretation of the tariff at the
international level. The EN to heading 6305, HTSUSA state:
This 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, mail bags, and small bags of the kind used for
sending samples of merchandise by post. The heading also
includes such articles as tea sachets.
The bags under consideration are known as intermediate bulk
containers, but may also be referred to as "big bags", "jumbo
bags" and "bulk bags". As was determined in HQ 951524, dated
August 17 1992, classifying similar articles:
They are generally described as flexible semi-bulk
containers designed to 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.
The subject articles meet the description of "bulk bags" as
defined by the EN to heading 6305, HTSUSA. So long as the
subject bags do not meet the dimensions stated in Section Note
1(g) to Section XI, HTSUSA, they are classifiable in heading
6305, HTSUSA, which provides for sacks, and bags, of a kind used
for the packing of goods.
HOLDING:
The articles under consideration are classifiable in
subheading 6305.31.0010, HTSUSA, which provides for 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, weighing one kg or more. The applicable rate of duty for
the bags is 9.5 percent ad valorem and the quota category is 669.
If the article is a product of Malaysia it is subject to quota
and visa limitations.
The designated textile and apparel categories may be
subdivided into parts. If so, the 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
suggest 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 for inspection at the 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, your should contact the 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