CLA-2-54:RR:NC:TA:352 C87529
Mr. Thomas A. McInerney
AEI Customs Brokerage Services
7240 Cross Park Drive
North Charleston, SC 29418
RE: The tariff classification of woven polypropylene bags and
polypropylene tubular woven fabric from China, India,
Indonesia, Thailand or the Philippines.
Dear Mr. McInerney:
In your letter dated May 5, 1998, on behalf of your client
Fritz Marketing, you requested a classification ruling.
Two samples of products made from polypropylene strip
accompanied your request for a ruling. The first, designated as
sample A, is a tubular plain woven fabric which has been
manufactured on a circular loom without seams of any kind. The
fabric is woven using 100% polypropylene strips that measure
approximately 2.5 millimeters in width. These strips meet the
dimensional requirements to be considered man-made textile strips.
The fabric contains approximately 10 strips per inch in the warp
and 10 strips per inch in the filling. This product weighs 235
g/m2, and will be imported in a flattened width which varies
between 14 inches and 60 inches. The tubular fabric is coated on
one surface (the outside of the tube) with a clear coating of
polypropylene plastic which is not visible to the naked eye. After
importation this fabric will be used to manufacture a variety of
bags for packing and transporting various commodities.
The second sample, designated as sample B, is a bag made from
hemming a tubular plain woven fabric at one end. The fabric used
to manufacture the bag is made from 100% polypropylene strip. This
strip is approximately 2.5 millimeters in width and meets the
dimensional requirements to be considered man-made textile strip
and thus the fabric made from such strip and the bags made from
such fabric are considered to be of man-made textile. The fabric
used to manufacture the bags has been coated, covered or laminated
on the outer surface with a clear polypropylene plastic which is
not visible to the naked eye.
This bag measures 39" by 24.5" and will be used to pack, ship and
market agricultural commodities. Your correspondence indicates
that the bags may be imported in varying sizes but will be
manufactured with the same materials and will be used in the same
manner.
Note 2 to Chapter 59, Harmonized Tariff Schedule of the
United States, (HTS), defines the scope of heading 5903, under
which textile fabrics which are coated, covered, impregnated, or
laminated with plastics are classifiable. Note 2 states in part
that heading 5903, HTS, applies to:
(A) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter
and whatever the nature of the plastics material (compact or
cellular), other than:
(1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color;
Since the coating or lamination on the tubular fabric submitted is
not visible to the naked eye, it is not considered a coated fabric
for the purposes of classification as a coated or laminated fabric
in heading 5903, HTS.
The applicable subheading for the tubular woven fabric
designated as sample A will be 5407.20.0000, Harmonized Tariff
Schedule of the United States (HTS), which provides for woven
fabrics of synthetic filament yarn, including woven fabrics
obtained from materials of heading 5404, woven fabric obtained from
strip or the like. The duty rate will be 10.2 percent ad valorem.
The applicable subheading for the packing bags designated as
sample B will be 6305.33.0020, HTS, 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. The duty rate will be 9.1 percent ad valorem.
The woven tubular fabric falls within textile category
designation 620. Based upon international textile trade agreements
products of India, China, Indonesia, Thailand and the Philippines
are subject to quota and the requirement of a visa.
The woven polypropylene bag falls within textile category
designation 669. Based upon international textile trade agreements
products of India, China and Thailand are subject to quota and the
requirement of a visa. Products of the Philippines and Indonesia
are subject to visa requirements.
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