CLA-2-63:RR:NC:N3:351 G88004

Mr. Ryan Campbell
Cometals
222 Bridge Plaza South
Fort Lee, NJ 07024

RE: The tariff classification of polypropylene flexible intermediate bulk containers (FIBC) from China.

Dear Mr. Campbell:

In your undated letter received in our office on March 9, 2001, you requested a ruling on tariff classification.

You have included with your letter a photograph and a schematic drawing of the bags, which you state will be filled after importation with U.S.-produced petroleum needle coke or other commodities, and that they hold approximately one metric ton per bag. There are lift loops at each top corner. We shall assume for the purposes of this response that the bags, when empty, weigh one kilogram or more.

The applicable subheading for this product 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 general rate of duty will be 8.7 percent ad valorem.

This product falls within textile category designation 669. Based upon international textile trade agreements products of China are currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

In your letter you ask about the applicability of the drawback provisions. For this information you must contact the Customs port through which you will be entering the merchandise.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division