CLA-2-46:OT:RR:NC:2:230
Adrienne Braumiller, Esq.
Braumiller Schulz LLP
5220 Spring Valley, Suite 200
Dallas, TX 75254
RE: The tariff classification of woven polypropylene bags from China
Dear Ms. Braumiller:
In your letter dated June 5, 2009 you resubmitted a request for a tariff classification ruling along with supplementary information. The ruling was requested on behalf of your client, Dean’s Worldwide LLC.
The products to be classified are two styles of woven polypropylene bags. Samples of the bags were submitted. One style is an open mouth bag measuring 16” wide x 34” long with a 6.5” gusset. The second style is a valve bag measuring 16” wide x 29” long with a 6” gusset. The valve bag is sealed on the top except for a 45 degree angle opening at one corner which automatically seals when the bag is filled. At least one outer surface of the bags appears to be coated with a transparent plastic material. The bags are used for packing chemical, petro-chemical and agricultural goods.
The bags are constructed of polypropylene strips interwoven together in the manner of warp and weft fabrics. The strips of the sample bags were observed to be approximately 5 mm in width. You submitted an analytical report from an independent lab which found that the bags contained 69 or 70 normal strands and 7 overlapping strands across the 16” width of the bags, resulting in average strand widths of 5.35 mm for the open mouth bag and 5.28 mm for the valve bag. The report did not measure the horizontal strips across the length of the bags. You state, however, that the widths of all the strips vary from 5.2 mm to 5.5 mm.
In your letter dated March 30, 2009, you suggested classification of the subject bags, made of strips over 5 mm in width, in subheading 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics. This office would agree that if the strips themselves measure over 5 mm in width, they would be plastic strips of Chapter 39 rather than man-made textile strips of Chapters 54 or 56. However, articles made from strips of Chapter 39 by weaving or similar processing meet the description of articles of plaiting materials as defined in Chapter 46, Note 1. Plaited articles of Chapter 46 are in turn excluded from classification in any of the provisions of Chapter 39 by Note 2(n) to Chapter 39. Therefore, the woven polypropylene bags are not classifiable in subheading 3923.29.0000, HTSUS.
Classification of the subject woven polypropylene bags is based on their condition as imported.
If the bags consist of polypropylene strips exceeding 5 mm in apparent width (apparent width is the width in the folded, flattened, compressed or twisted state), the applicable subheading will be 4602.90.0000, HTSUS, which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: Other (than of vegetable materials). The rate of duty will be 3.5 percent ad valorem.
If the bags consist of polypropylene strips measuring 5 mm or less in apparent width, the applicable subheading will be 6305.33.0050, HTSUS, which provides for: Sacks and bags, of a kind used for the packing of goods: Of man-made textile materials: Other, of polyethylene or polypropylene strip or the like: Weighing less than 1 kg, with an outer laminated ply of plastic sheeting. The rate of duty will be 8.4 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Paul Garretto at (646) 733-3035.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division