The tariff classification of rice bags, sandbags, and a silt fence from China.

NY I89540 December 24, 2002 CLA-2-63:RR:NC:N3:351 I89540 CATEGORY: Classification TARIFF NO.: 6305.33.0020, 6307.90.9889 Mr. Michael Chao MYKO Industries, Inc. 398 Amethyst Ct. Lake Mary, FL 32746 RE: The tariff classification of rice bags, sandbags, and a silt fence from China. Dear Mr. Chao: In your letter dated Dec. 16, 2002, you requested a ruling on tariff classification. The first item is a rice bag, style RB-3040, used for storing and/or transporting rice, sugar, salt, and minerals. The sample is approximately 64 cm x 36 cm and weighs 42.5 grams. The second item is a sandbag, SB-1218, used at construction barricades and for other construction-related tasks. It measures approximately 100cm x 60 cm. Both bags are made of woven polypropylene or polyethylene strips which are approximately 3 mm in width, thus meeting the dimensional requirements for man-made fiber strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedules of the United States (HTS). The applicable subheading for the rice bag, RB-3040, 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, other. Items from China classified in this provision are not subject to quota restrictions or the requirement of a visa. The applicable subheading for the sandbag, SB-1218, will be 6307.90.9889, HTS, which provides for other made up articles . . . Other. The rate of duty in 2003 will be 7 percent ad valorem. Items classified in this provision are not subject to quota restrictions or the requirement of a visa. The third item is a silt fence, SF-4100, made of fabric woven from polypropylene or polyethylene strips. Each strip is approximately 3 mm in width, thus meeting the definition of textile in Note 1(g) to Section XI of the HTS. The item as described in your letter will be a 40-ft. x 100-ft. roll of this fabric, although it might come in different lengths as well; we believe you mean 4-foot, not 40. The ends will be hemmed. It will be stapled to 1” x 1” x 47” wooden stakes; another variation will be without the stakes. The applicable subheading for this hemmed product, with or without the stakes, will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty in 2003 will be seven percent ad valorem. There are no quota restrictions or visa requirements for merchandise classified in this subheading. 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 646-733-3102. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division