The tariff classification of a storage bag from China

N030265 June 10, 2008 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Karla Yvette Camberos C-TPAT Coordinator ITW Space Bag 7520 Airway Road San Diego, CA 92154 RE: The tariff classification of a storage bag from China Dear Ms. Camberos: In your letter dated May 26, 2008, you requested a tariff classification ruling. The submitted sample is a storage bag made of non-woven polypropylene fabric. It measures approximately 25”W x 19½”D x 10”H. It features a zippered top, a webbed handle on each rigid side, and adjustable webbed straps inside to hold the contents. The front of the tote has a clear plastic sheeting window. A non-woven polypropylene-covered stiffener that measures approximately 18” x 24” is included. You state that it is intended for use as an item of household storage of personal items. It is constructed and designed for repetitive use. It is marketed with an inner plastic bag, but you did not ask for a tariff classification for the inner bag. The applicable subheading for the textile storage bag will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. You suggest classification in Chapter 39 as articles of plastics, and you reference the Chapter 39, Note 1 definition of plastics. Please note that Legal Note 1 includes the directive that the term plastics “does not apply to materials regarded as textile materials of section XI.” Chapter 39 Legal Note 2(p) also excludes textiles and textile articles of Section XI from classification in any of the provisions of Chapter 39. Polypropylene resin may be formed into either plastics or textiles. The outer bag that is the subject of your request is made of non-woven polypropylene, which is a textile fabric made of polypropylene in the form of textile fibers. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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