NY 884290

APRIL 07 1993


CLA-2-63:S:N:N6:345 884290

Mr. Ben L. Irvin
Irvin & Ellis
1709 N Street, N.W.
Washington, D.C. 20036

RE: The tariff classification of a "Woven Paper Fabric Bag" from Mexico.

Dear Mr. Irvin:

In your letter dated March 23, 1993, on behalf of Bemis Craftil S.A. de C.V., you requested a classification ruling.

The sample submitted is a bag constructed of a leno weave fabric manufactured from paper yarns and measures approximately 17 inches long by 12 inches wide. The bag is used for packaging fruits or vegetables. The sample is being returned as requested.

You believe that the article should be classifiable under subheading 4819.40.00, Harmonized Tariff Schedule of the United States (HTS), which provides for cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers;...Other sacks and bags, including cones. Although the component material of the bag is made of paper yarns, chapter 48, HTS, note 1 (ij) does not cover paper yarn or textile articles of paper yarn. Therefore the article is not classified in heading 4819.

The applicable subheading for the "Woven Paper Fabric Bag" will be 6305.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Sacks and bags, of a kind used for the packing of goods: Of other textile materials. The rate of duty will be 7 percent ad valorem.

The "Woven Paper Fabric Bag" falls within textile category designation 899. Based upon international textile trade agreements, at the present time, this product is not subject to any quota or visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport