The tariff classification of woven polypropylene bags and polypropylene tubular woven fabric from China, India, Indonesia, Thailand or the Philippines.

NY C87529 May 13, 1998 CLA-2-54:RR:NC:TA:352 C87529 CATEGORY: Classification TARIFF NO.: 5407.20.0000; 6305.33.0020 Mr. Thomas A. McInerney AEI Customs Brokerage Services 7240 Cross Park Drive North Charleston, SC 29418 RE: The tariff classification of woven polypropylene bags and polypropylene tubular woven fabric from China, India, Indonesia, Thailand or the Philippines. Dear Mr. McInerney: In your letter dated May 5, 1998, on behalf of your client Fritz Marketing, you requested a classification ruling. Two samples of products made from polypropylene strip accompanied your request for a ruling. The first, designated as sample A, is a tubular plain woven fabric which has been manufactured on a circular loom without seams of any kind. The fabric is woven using 100% polypropylene strips that measure approximately 2.5 millimeters in width. These strips meet the dimensional requirements to be considered man-made textile strips. The fabric contains approximately 10 strips per inch in the warp and 10 strips per inch in the filling. This product weighs 235 g/m2, and will be imported in a flattened width which varies between 14 inches and 60 inches. The tubular fabric is coated on one surface (the outside of the tube) with a clear coating of polypropylene plastic which is not visible to the naked eye. After importation this fabric will be used to manufacture a variety of bags for packing and transporting various commodities. The second sample, designated as sample B, is a bag made from hemming a tubular plain woven fabric at one end. The fabric used to manufacture the bag is made from 100% polypropylene strip. This strip is approximately 2.5 millimeters in width and meets the dimensional requirements to be considered man-made textile strip and thus the fabric made from such strip and the bags made from such fabric are considered to be of man-made textile. The fabric used to manufacture the bags has been coated, covered or laminated on the outer surface with a clear polypropylene plastic which is not visible to the naked eye. This bag measures 39" by 24.5" and will be used to pack, ship and market agricultural commodities. Your correspondence indicates that the bags may be imported in varying sizes but will be manufactured with the same materials and will be used in the same manner. Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to: (A) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than: (1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color; Since the coating or lamination on the tubular fabric submitted is not visible to the naked eye, it is not considered a coated fabric for the purposes of classification as a coated or laminated fabric in heading 5903, HTS. The applicable subheading for the tubular woven fabric designated as sample A will be 5407.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabric obtained from strip or the like. The duty rate will be 10.2 percent ad valorem. The applicable subheading for the packing bags designated as sample B will be 6305.33.0020, HTS, which provides for sacks and bags, of a kind used for the packing of goods, of man-made textile materials, other, of polyethylene or polypropylene strip or the like. The duty rate will be 9.1 percent ad valorem. The woven tubular fabric falls within textile category designation 620. Based upon international textile trade agreements products of India, China, Indonesia, Thailand and the Philippines are subject to quota and the requirement of a visa. The woven polypropylene bag falls within textile category designation 669. Based upon international textile trade agreements products of India, China and Thailand are subject to quota and the requirement of a visa. Products of the Philippines and Indonesia are subject to visa requirements. 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. 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 that 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 available for inspection at your local Customs office. 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 Alan Tytelman at 212-466-5896. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division