HQ 084948: Gusset and valve bags of woven polypropylene fabric

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 084948

                                   October 17, 1989


            CLA-2 CO:R:C:G 084948  JLJ

            CATEGORY: Classification

            TARIFF NO.: 3923.29.0000

            Mr. R. L. Rastogi
            Paramount Trading Corporation
            131 West 35th Street, 11th Floor
            New York, New York 10001-2111

            RE:  Gusset and valve bags of woven
                 polypropylene fabric

            Dear Mr. Rastogi:

                 You asked us to verify the tariff classification of gusset
            and valve bags of woven polypropylene fabric manufactured in
            India, Thailand and Brazil.

            FACTS:

                 You state that the gusset and valve bags at issue are made
            of woven polypropylene fabric opaque coated with a plastic
            material on both sides.

            ISSUE:

                 What is the classification under the Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA) of these
            gusset and valve bags?

            LAW AND ANALYSIS:

                 The chapter notes to Chapter 59, HTSUSA, which provides
            for impregnated, coated, covered or laminated textile fabrics,
            provide guidelines for determining whether coated fabrics are
            considered to be textile, plastic or rubber for tariff
            purposes.  Textile fabrics completely embedded in plastics or
            entirely coated or covered on both sides with plastics,
            provided that such coating or covering can be seen with the
            naked eye with no account being taken of any resulting change
            of color, are classifiable in Chapter 39 as plastics.
















                                         - 2 -


                 You did not submit any samples with your letter.  Assuming
            that your bags are coated on both sides with a visible plastic
            material, the bags are classifiable under the provision for
            articles for the conveyance or packing of goods, of plastics:
            sacks and bags: of other plastics, in subheading 3923.29.0000,
            HTSUSA, dutiable at the rate of 3 percent ad valorem.  Articles
            classifiable in this subheading and manufactured in India,
            Brazil or Thailand are eligible for duty-free treatment under
            the Generalized System of Preferences if all applicable
            regulations are met.  The bags are not subject to any quota
            restrictions or visa requirements under this subheading.

            HOLDING:

                 Assuming that the bags are coated on both sides with a
            visible plastic material, they are classified in subheading
            3923.29.0000, HTSUSA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division






























            Jones library
            name: 084948JLJ
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