us-cbp-cross-rulings-hq-083617•HQ 083617: Tariff classification of gusset and valve bags of coated fabrics
HQ 083617: Tariff classification of gusset and valve bags of coated fabrics
us-cbp-cross-rulings-hq-083617HQ 083617: Tariff classification of gusset and valve bags of coated fabricsGuidance
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 083617
June 13, 1989
CLA-2 CO:R:C:G 083617 JLJ 835085
CATEGORY: Classification
TARIFF NO: 6305.31.0000
Mr. R. L. Rastogi
Paramount Trading Corporation
131 West 35th Street, 11th floor
New York, New York 10001-2111
RE: Tariff classification of gusset and valve bags of coated
fabrics
Dear Mr. Rastogi:
In your letter of December 20, 1988, you asked our New York
office to verify three New York letters dealing with the tariff
classification of coated fabrics. Your request was forwarded to
this office for response. Two samples of the material were also
forwarded to this office.
FACT:
New York letters 831220 of August 31, l988, 831269 of
September 2, 1988 and 833082 of December 13, 1988, all dealt with
similar merchandise, i.e., gusset and valve bags made of woven
polypropylene fabric coated on one side only. The bags were
manufactured in India, Thailand and Brazil. New York letter
833082 held that the bags were classified as sacks and bags, of a
kind used for the packing of goods: of man-made textile
materials, of polypropylene or polypropylene strip or the like,
in subheading 6305.31.0000, HTSUSA. The other two letters held
that the bags were classified under the provision for sacks and
bags for the conveyance or packing of goods, of plastic, in
subheading 3923.29.0000, HTSUSA. You ask us to confirm these
rulings.
ISSUE:
What is the proper tariff classification of bags of woven
polypropylene fabric coated on one side only?
- 2 -
LAW AND ANALYSIS:
Each of the bags at issue in the three New York letters is
made of woven polypropylene fabric coated on one side only. In
some instances the coating is clear, while in others it is
opaque.
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 being taken of any resulting change of color, are
classifiable in Chapter 39 as plastics. Textile fabrics covered
on just one side are classified as textiles.
Inasmuch as all the bags at issue in the three New York
letters are covered on one side only, they are not classified as
plastics in Chapter 39, but as textiles in Section XI, HTSUSA.
New York ruling letter 833082, held that certain gusset and valve
bags of woven polypropylene fabric coated with plastics on one
side were classified under the provision 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, in
subheading 6305.31.000, HTSUSA. New York ruling letters 831269
and 831220, held otherwise.
HOLDING:
The proper tariff classification for the gusset and valve
bags in New York ruling letters 831220, 831269, and 833082 is
subheading 6305.31.0000, HTSUSA. New York ruling letter 833082
is thus reaffirmed, while New York ruling letters 831220 and
831269 are modified to conform with the foregoing classification.
Each bag falls within textile category number 669. As a
product of India, Thailand or Brazil, such merchandise is
- 3 -
currently subject to visa requirements based upon international
textile trade agreements. In addition, the bags from India and
Thailand are also subject to quota restraints based upon
international textile trade agreements.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: A.D.,N.Y. Seaport
(NIS-227)
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