CLA-2 CO:R:C:T 955639 CC
Michael P. Maxwell, Esq.
10100 Santa Monica Boulevard
Suite 300
Los Angeles, CA 90067
RE: Classification of polypropylene strip bag; not classifiable
in headings 4202 or 6305; classifiable in Heading 6307
Dear Mr. Maxwell:
This letter is in response to your inquiry, on behalf of The
Bag Connection, requesting the tariff classification of a
polypropylene strip bag from Taiwan. A sample was submitted for
examination.
FACTS:
The submitted sample is a reusable yard waste bag of woven
polypropylene strips which are less than 5 mm in width; the bag
measures approximately 41 inches by 14.75 inches by 13.5 inches
when fully expanded. The bag is open at the top with snaps as
closures which are placed in a position to permit the top to expand
to its fullest width. Located near the bottom of the bag at both
sides are pockets with hook and loop closures, which will be filled
with approximately one pound of ballast (such as sand) to prevent
the bags from being blown away after they have been emptied. To
facilitate carrying the bag, two web strap handles are sewn to the
top of the bag and two web strap handles are attached to each
bottom pocket. The bags will be used initially by the City of
Seattle to hold yard waste or other articles which will be
recycled. Eventually the bags will be distributed to the public
and used by homeowners to store yard waste and left at curbside for
pickup by the city recycling trucks.
ISSUE:
Whether the bag at issue is classified in Heading 4202 of the
Harmonized Tariff Schedule of the United States Annotated (HTSUSA),
Heading 6305, HTSUSA, or Heading 6307, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's), taken
in order. GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section or
chapter notes.
Note 1(g) to Section XI, provides that Section XI does not
cover the following:
Monofilament of which any cross-sectional dimension
exceeds 1 mm or strip or the like (for example,
artificial straw) of an apparent width exceeding 5 mm,
of plastics (chapter 39), or plaits or fabrics or other
basketware or wickerwork of such monofilament or strip
(chapter 46).
Thus, an article made of polypropylene strips 5 millimeters or less
in width would be considered made of textile materials. Since the
bag at issue is made of strips not exceeding 5 millimeters in
width, it is considered made of textile materials.
Heading 4202, HTSUSA, provides for traveling bags, sporting
bags and similar containers, among other articles. Subheading
4202.92, HTSUSA, includes travel, sports and similar bags with an
outer surface of textile materials. Additional U.S. Note 1 to
Chapter 42 states the following:
For the purposes of heading 4202, the expression
"travel, sports and similar bags" means goods, other than
those falling in subheadings 4202.11 through 4202.39, of
a kind designed for carrying clothing and other personal
effects during travel, including backpacks and shopping
bags of this heading, but does not include binocular
cases, camera cases, musical instrument cases, bottle
cases and similar containers.
Heading 6305, HTSUSA, provides for sacks and bags, of a kind
used for the packing of goods. According to the Harmonized
Commodity Description and Coding System, Explanatory Notes, the
official interpretation of the HTSUSA at the international level,
at page 865, Heading 6305 covers the following:
...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 flexible intermediate bulk containers, 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.
Heading 6307, HTSUSA, provides for other made up articles.
The Explanatory Notes state at page 867 that Heading 6307 covers
made up articles of any textile material which are not included
more specifically in other headings of Section XI or elsewhere in
the Nomenclature.
You contend that the merchandise at issue is classifiable
under subheading 4202.92, HTSUSA, which provides for travel, sports
and similar bags, with outer surface of textile materials. In the
alternative, you suggest that the bag is classifiable in subheading
6307.90, HTSUSA, as other made up articles of textile material.
The bag at issue is clearly not designed for carrying personal
effects during travel. Consequently, it is not classifiable as a
travel, sports or similar bag of Heading 4202.
In addition, we do not believe that the subject bag is
classifiable in Heading 6305. In Headquarters Ruling Letter (HRL)
951539, dated July 9, 1992, we stated the following:
It is clear that the articles listed under this
heading [Heading 6305] are of the type used for
commercial merchandise being transported or stored for
sale, usually in bulk (See also, HQ 088453, dated May 2,
1991, discussing classification of bulk bags, and HQ
089444, dated September 3, 1991, discussing the
classification of polypropylene bags used for the
conveyance of goods).
The bag at issue is not used for commercial merchandise and
is not for merchandise being transported or stored for sale. It
cannot be considered a sack or bag, for the packing of goods, and
is therefore not classifiable in Heading 6305.
With respect to classification in Heading 6307, the submitted
bag is a made up article of textile materials not more specifically
provided for in another heading. Consequently, it is classifiable
in Heading 6307.
HOLDING:
The subject bag is classified under subheading 6307.90.9986,
HTSUSA, which provides for other made up articles, other, other,
other, other, other. The rate of duty is 7 percent ad valorem.
No textile category is currently assigned to merchandise classified
under this subheading.
Sincerely,
John Durant, Director
Commercial Rulings Division