CLA-2 CO:R:C:T 088453 CRS
Mr. B. Shankar
GBA Products Co.
P.O. Box 4116
United Arab Emirates
RE: Flexible intermediate bulk containers are classifiable as
sacks and bags of heading 6305. EN 63.05.
Dear Mr. Shankar:
This is in reply to your letter dated January 7, 1991,
transmitted via facsimile, in which you requested a ruling on the
classification of flexible intermediate bulk containers under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The articles in question are flexible intermediate bulk
containers (FIBC) or bulk bags. You state that the FIBC are of
two types. The first is made of polypropylene fabric with top
and bottom spouts and four loops made of polypropylene or
polyester. The capacity of the this type of FIBC ranges from
1,000 kilograms to 2,000 kilograms, with a volumetric capacity of
0.95 cubic meters to 1.6 cubic meters.
The second type of FIBC is made from nylon fabric coated
with chloroprene rubber and have six woven nylon straps with
polypropylene braided ropes for lifting. The capacity of the
bags is 1,400 liters/1,500 kilograms. You state that the bags
are made in India and the United Arab Emirates. No samples of
the instant merchandise were provided.
ISSUE:
What is the classification of flexible intermediate bulk
containers under the HTSUSA.
LAW AND ANALYSIS:
Heading 6305, HTSUSA, provides for sacks and bags of a kind
used for the packing of goods. This heading covers textile sacks
and bags, of various sizes and shapes, that are normally used for
the packing of goods for transport, storage or sale. See the
Harmonized Commodity Description and Coding System, Explanatory
Notes, EN 63.05, 865. The articles in question, FIBC, are bulk
bags made from textiles and are used to pack goods for transport,
storage or sale. Accordingly, they are classifiable in heading
6305.
HOLDING:
The articles in question are classifiable in subheading
6305.31.0010, 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 strip or the like,
weighing one kg or more. They are dutiable at the rate 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
suggest 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.
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