CA-2 CO:R:C:F 956783 ALS
Mr. Bill Lopez
Barry Bag and Supply Co.
200 Crofton Road
Building 7G Box 4
Kenner, LA 70062
RE: Polypropylene and Polyethylene Bags
Dear Mr. Lopez:
This is in reference to your company's request for
reclassification/exemption of certain polypropylene bags. Two
Samples bags were submitted.
FACTS:
One bag is composed of thin gauge polyethylene sheeting.
It is the type of bag commonly referred to as a produce bag and
is used to package items purchased at retail. The second bag is
composed of polypropylene strips, each strip measuring under 5mm
in width. We understand that the latter bag is used for
agricultural purposes.
ISSUE:
What is the classification of the subject bags?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
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 headings and any relative - 2 -
section and chapter notes. If GRI 1 fails to classify the goods
and if the headings and legal notes do not otherwise require, the
remaining GRI's are applied, taken in order.
In considering the classification of the two bags we noted
that one bag, referenced as a produce bag, is made from
polyethylene sheeting. It is the type of bag in which a retail
establishment will place customer purchases to facilitate the
carriage of such articles. Since such bags are made of plastic
sheeting they are classifiable in subheading 3923.21, HTSUSA, the
provision for sacks and bags of polymers of ethylene.
The second and larger bag is composed of polypropylene
strips. Each strip measures less than 5mm in width. In accord
with Legal Note 1(g) to Section XI, HTSUSA, monofilament strips
must be of a width exceeding 5mm of plastics to be classified in
chapter 39, HTSUSA, as plastic. Thus, polypropylene strips of
5mm or less are considered to be textiles and articles fabricated
of such strips are classifiable as textile articles. There is no
exception provided in the HTSUSA for the classification of such
strips as plastic depending on their use.
In view of the above, the article under consideration which
is used to hold articles and perhaps carry them is considered to
be a sack or bag composed of man-made textile materials of
polypropylene strip as specified in subheading 6305.31, HTSUSA.
HOLDING:
Bags composed of polyethylene sheeting designed to carry
articles are classifiable in subheading 3923.21.0090, HTSUSA,
which provides for sacks and bags of polymers of ethylene for the
conveyance or packing of goods. Such articles are subject to a
general rate of duty of 3 percent ad valorem.
Bags composed of polypropylene strips not exceeding 5mm in
width are classifiable in subheading 6305.31.0020, HTSUSA, which
provides for sacks and bags of man-made textile materials of
polyethylene or polypropylene strip used for the conveyance or
packing of goods. Such articles are subject to a general rate of
duty of 9.4 percent ad valorem. The textile quota category is
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 - 3 -
part categories are the result of international bilateral
agreements which are the subject of frequent negotiations 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 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, you should contact the local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial rulings Division