CLA-2-63:RR:NC:TA:351 G88115
Mr. Art Townsend
AsiaTex
4120 Madison Street
Phoenix, AZ 85034
RE: The tariff classification of a polypropylene bag and paper bags from China.
Dear Mr. Townsend:
In your letter dated March 5, 2001, on behalf of General Electric Corporation, you requested a classification ruling.
The samples submitted are a polypropylene bag and two paper bags. The polypropylene bag is manufactured by sewing together several panels of plain woven fabric. This fabric is made from either polypropylene strips or polyethylene strips that measure approximately 1 to 2 millimeters in apparent width. These strips meet the dimensional requirements to be considered textile strips. Consequently, the fabric woven from these strips is textile fabric and bags made from the woven fabric are considered textile articles. This bag features lifting handles and a funnel at the top and bottom to facilitate the filling and discharging of its contents. The bag is used to hold plastic pellets. You stated that a percentage of these bags will be exported back out of the country.
The paper bags are a multiwall bag having an exterior of brown paper which is laminated to a lining of plastic material.
Depending on the weight of the polypropylene bag, the applicable subheading for the bag will be either 6305.32.0010 or 6305.32.0020, 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. If the bags weigh one kilogram or more, 6305.32.0010, HTS, applies. If the bags weigh less than one kilogram, 6305.32.0020, HTS, applies. The rate of duty will be 8.7 percent ad valorem for both subheadings.
Depending on the width of the paper bag, the applicable subheading for the paper bag will be either 4819.30.0020, HTS, which provides for shipping sacks and multiwall bags of paper, other than grocers' bags, having a base of a width of 40 cm or more, or 4819.40.0020, HTS, which provides for other sacks and bags, including cones, shipping sacks and multiwall bags, other than grocers’ bags. The rate of duty will be 1.6 percent ad valorem for both subheadings.
Bags classifiable under subheading 6305.32.0010 or 6305.32.0020, HTS fall within textile category designation 669. Based upon international textile trade agreements products of China are 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.
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