CLA-2-63:OT:RR:NC:N3:351

Pam Joyce
DSV Air & Sea, Inc.
Two Water Ridge Plaza, Suite 650
2105 Water Ridge Parkway
Charlotte, NC 28217

RE: The tariff classification of a polypropylene woven sleeve from China

Dear Ms. Joyce:

In your letter dated July 28, 2015, on behalf of Conitex-Sonoco, U.S.A., Incorporated, you requested a tariff classification ruling.

You submitted a sample which is a sleeve constructed of woven polypropylene strips. The strips do not exceed 5mm in width and thus meet the dimensional requirements of textile strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS). This construction is considered a textile fabric for tariff purposes. The sleeve is glued on each side and left open on each end. You indicate that the product will be used to manufacture flexible intermediate bulk container (FIBC) bags in the United States. The polypropylene woven sleeve, in its condition as imported, has the essential character of an unfinished FIBC bag.

In your ruling request you suggested that the article be classified under subheading, 3920.20.0055 HTSUS, which provides for Other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: Of polymers of propylene: Other. However, this is not an article of plastic. You also suggest that the article be classified under subheading 6305.32.0010, HTSUS, which provides for sacks and bags, of a kind used for the packing of goods: of man-made textile materials: flexible intermediate bulk containers, weighing one kilogram or more. However, the item does not weigh more than 1 kilogram.

The applicable subheading for the polypropylene woven sleeve will be 6305.32.0020, HTSUS, which provides for Sacks and bags, of a kind used for packing of goods: Of man-made textile materials: Flexible intermediate bulk containers, Other. The rate of duty will be 8.4% ad valorem.

The sample will be returned.

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 Adleasia Lonesome at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division