CLA-2-63:RR:NC:TA:352 D83055
Mr. Robert Brennan
Flex-Pack Industries, Inc.
6101 Royalton #101
Houston, Texas 77081
RE: The tariff classification of a polypropylene flexible
intermediate bulk container from India.
Dear Mr. Brennan:
In your letter dated September 25, 1998 you requested a
classification ruling.
The submitted sample is a flexible intermediate bulk container
made from 100% polypropylene. It measures 35" X 35" at its base
and is 50" in height and weighs approximately 2.15 kilograms. It
is equipped with four textile fabric lifting straps which have been
sewn onto the top four corners of the bag. The bag is constructed
by sewing several panels of woven fabric into a rectilinear shape.
This product features both top and bottom openings in the form of
fabric chutes which facilitate the filling and discharge of the
goods that will stored in the flexible intermediate bulk container.
The four side panels and the major portion of the top, exclusive of
the filling chute has been woven from 100% polypropylene strip that
measure between 1.5 and 3 millimeters in apparent width. The
bottom panel and chute has been woven from polypropylene strip that
measures approximately 5.5 millimeters in apparent width. The
lifting straps are made from polypropylene strip that measures
approximately 2.5 centimeters in apparent width. These bags are
designed for the storage and transportation of dry flowable
commodities such as grain, flour, chemicals, fertilizer etc.
Your correspondence indicates that you believe that these bags
should be considered to be manufactured from plastic strip since
the strip used to manufacture the woven fabrics that comprise this
product are all over 5.5 millimeters in width. However, the vast
majority of the strips used in the manufacture of fabrics from
which this product is made have been folded and/or crimped so that
the apparent width of the strip in the product is between 1.5 and
3 millimeters. As such, the strips meet the dimensional
requirements to be considered textile strip and consequently the
fabrics woven made from the strips are textile fabrics and the bags
made from those fabrics are considered made up articles of textile
fabric.
The top panel and both the top and bottom chutes are
constructed of strips that exceed 5 millimeters. These parts of
the bag are not considered to be made of textile strip. The non-textile fabrics comprise approximately 14 percent of the weight and
13 percent of the area of the bag. Therefore, based on the weight,
area and relative value of the textile and non-textile components
of this product, the essential character of these bags is imparted
by the textile fabric.
The applicable subheading for the flexible intermediate bulk
container will be 6305.32.0010, Harmonized Tariff Schedule of the
United States (HTS), which provides for sacks and bags, of a kind
used for the packing of goods, of man-made textile materials,
flexible intermediate bulk containers, weighing one kg or more.
The duty rate will be 9.1 percent ad valorem.
This bag falls within textile category designation 669. Based
upon international textile trade agreements products of India are
subject to quota and the requirement of a visa.
The designated textile and apparel categories may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. 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.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time this
merchandise is imported. If you have any questions regarding the
ruling, contact National Import Specialist Alan Tytelman at 212-466-5896.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division