CLA-2 CO:R:C:T 955639 CC

Michael P. Maxwell, Esq.
10100 Santa Monica Boulevard
Suite 300
Los Angeles, CA 90067

RE: Classification of polypropylene strip bag; not classifiable in headings 4202 or 6305; classifiable in Heading 6307

Dear Mr. Maxwell:

This letter is in response to your inquiry, on behalf of The Bag Connection, requesting the tariff classification of a polypropylene strip bag from Taiwan. A sample was submitted for examination.

FACTS:

The submitted sample is a reusable yard waste bag of woven polypropylene strips which are less than 5 mm in width; the bag measures approximately 41 inches by 14.75 inches by 13.5 inches when fully expanded. The bag is open at the top with snaps as closures which are placed in a position to permit the top to expand to its fullest width. Located near the bottom of the bag at both sides are pockets with hook and loop closures, which will be filled with approximately one pound of ballast (such as sand) to prevent the bags from being blown away after they have been emptied. To facilitate carrying the bag, two web strap handles are sewn to the top of the bag and two web strap handles are attached to each bottom pocket. The bags will be used initially by the City of Seattle to hold yard waste or other articles which will be recycled. Eventually the bags will be distributed to the public and used by homeowners to store yard waste and left at curbside for pickup by the city recycling trucks.

ISSUE:

Whether the bag at issue is classified in Heading 4202 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), Heading 6305, HTSUSA, or Heading 6307, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Note 1(g) to Section XI, provides that Section XI does not cover the following:

Monofilament of which any cross-sectional dimension exceeds 1 mm or strip or the like (for example, artificial straw) of an apparent width exceeding 5 mm, of plastics (chapter 39), or plaits or fabrics or other basketware or wickerwork of such monofilament or strip (chapter 46).

Thus, an article made of polypropylene strips 5 millimeters or less in width would be considered made of textile materials. Since the bag at issue is made of strips not exceeding 5 millimeters in width, it is considered made of textile materials. Heading 4202, HTSUSA, provides for traveling bags, sporting bags and similar containers, among other articles. Subheading 4202.92, HTSUSA, includes travel, sports and similar bags with an outer surface of textile materials. Additional U.S. Note 1 to Chapter 42 states the following:

For the purposes of heading 4202, the expression "travel, sports and similar bags" means goods, other than those falling in subheadings 4202.11 through 4202.39, of a kind designed for carrying clothing and other personal effects during travel, including backpacks and shopping bags of this heading, but does not include binocular cases, camera cases, musical instrument cases, bottle cases and similar containers.

Heading 6305, HTSUSA, provides for sacks and bags, of a kind used for the packing of goods. According to the Harmonized Commodity Description and Coding System, Explanatory Notes, the official interpretation of the HTSUSA at the international level, at page 865, Heading 6305 covers the following:

...textile sacks and bags of a kind normally used for the packing of goods for transport, storage or sale. These articles, which vary in size and shape, include in particular flexible intermediate bulk containers, coal, grain, flour, potato, coffee or similar sacks, mail bags, and small bags of the kind used for sending samples of merchandise by post. The heading also includes such articles as tea sachets.

Heading 6307, HTSUSA, provides for other made up articles. The Explanatory Notes state at page 867 that Heading 6307 covers made up articles of any textile material which are not included more specifically in other headings of Section XI or elsewhere in the Nomenclature.

You contend that the merchandise at issue is classifiable under subheading 4202.92, HTSUSA, which provides for travel, sports and similar bags, with outer surface of textile materials. In the alternative, you suggest that the bag is classifiable in subheading 6307.90, HTSUSA, as other made up articles of textile material.

The bag at issue is clearly not designed for carrying personal effects during travel. Consequently, it is not classifiable as a travel, sports or similar bag of Heading 4202.

In addition, we do not believe that the subject bag is classifiable in Heading 6305. In Headquarters Ruling Letter (HRL) 951539, dated July 9, 1992, we stated the following:

It is clear that the articles listed under this heading [Heading 6305] are of the type used for commercial merchandise being transported or stored for sale, usually in bulk (See also, HQ 088453, dated May 2, 1991, discussing classification of bulk bags, and HQ 089444, dated September 3, 1991, discussing the classification of polypropylene bags used for the conveyance of goods).

The bag at issue is not used for commercial merchandise and is not for merchandise being transported or stored for sale. It cannot be considered a sack or bag, for the packing of goods, and is therefore not classifiable in Heading 6305.

With respect to classification in Heading 6307, the submitted bag is a made up article of textile materials not more specifically provided for in another heading. Consequently, it is classifiable in Heading 6307.

HOLDING:

The subject bag is classified under subheading 6307.90.9986, HTSUSA, which provides for other made up articles, other, other, other, other, other. The rate of duty is 7 percent ad valorem.

No textile category is currently assigned to merchandise classified under this subheading.


Sincerely,

John Durant, Director
Commercial Rulings Division