HQ 085128: Classification of certain polypropylene bags under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

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 085128

                                October 23, 1989


      CLA-2 CO:R:C:G  085128  CMR

      CATEGORY: Classification

      TARIFF NO.: 6305.31.0020

      Mr. Armando Montejano
      Jimenez Corporativo S.A. de C.V.
      Av. Americas 1536-7 piso
      Guadalajara 44610 Jal., Mexico

      RE: Classification of certain polypropylene bags under the Harmonized
          Tariff Schedule of the United States Annotated (HTSUSA)

      Dear Mr. Montejano:

           This ruling is in response to your letter of June 23, 1989,
      requesting the classification of polypropylene bags under the HTSUSA.
      The bags are manufactured in Mexico.  A sample has been submitted for
      review.

      FACTS:

           The submitted sample is a bag constructed of woven polypropylene
      strips.  The bag measures approximately 38" by 23" and is open at one
      end.  The bag is of a type used for the packing of goods.

      ISSUE:

           Is the submitted bag classifiable as a plastic bag of subheading
      3923.21.00, HTSUSA, which provides for articles for the conveyance or
      packing of goods, of plastic, sacks and bags, or is it classifiable
      as a textile bag of subheading 6305.31.00, HTSUSA, which provides for
      sacks and bags, of a kind used for the packing of goods, of man-made
      textile materials, of polyethylene or polypropylene strip or the
      like?

      LAW AND ANALYSIS:

           According to a report from the New York Customs office, a bench
      test indicated that the strips are under 5mm wide and meet the
      guidelines of strips and the like of synthetic materials of an












                                       -2-


      apparent width not exceeding 5mm which are provided for under
      subheading 5404.10.2090, HTSUSA.  Therefore, since the bag is
      constructed of material considered to be textile, the bag is
      considered of textile materials for tariff purposes.

      HOLDING:

           The submitted bag is considered a textile sack or bag for tariff
      purposes classifiable as a sack or bag, of a kind used for the
      packing of goods, of man-made textile materials, of polyethylene or
      polypropylene strip or the like, other, in subheading 6305.31.0020,
      HTSUSA, textile category 669, dutiable at 9.5 percent ad valorem.  As
      an article of subheading 6305.31.00, HTSUSA, the bag is not eligible
      for special tariff treatment under the Generalized System of
      Preferences.

           The designated textile and apparel category may be subdivided
      into parts.  If so, the visa and quota requirements applicable to the
      subject merchandise may be affected.  Since 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 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
      updated weekly and is available for inspection at your local Customs
      office.

           Due to the changeable nature of the statistical annotation (the
      ninth and tenth digits of the classification) and the restraint
      (quota/visa) categories, you should contact your local Customs office
      prior to importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division





















      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins