CLA-2-46:S:N:N8:230 806263
Mr. William J. Maloney
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017
RE: The tariff classification of plaiting material (woven
polypropylene plastic strips), and bags made of such
material, from India, Thailand or other countries.
Dear Mr. Maloney:
In your letter dated January 24, 1995, on behalf of your
client, Ovasco Industries (a division of Ohio Valley Bag and
Burlap Company), you requested a tariff classification ruling.
A sample of the first item in question, accompanied by an
independent test report, was submitted and will be retained for
reference. It is a representative piece of style 5540 plaiting
material, which will be imported in rolls or sheets of varying
sizes. The product will be woven from white, clear or colored
polypropylene strips, and will be laminated on one side with a 20
micron polypropylene film.
The submitted test report indicates that 92.5% of the warp
strips, 78% of the filling strips and approximately 87% of both
the warp and filling strips exceed 5 mm in width. The New York
Customs Laboratory has analyzed the sample, and its findings
agree with the foregoing.
The applicable subheading for the style 5540 plaiting
material will be 4601.99.0000, Harmonized Tariff Schedule of the
United States (HTS), which provides for other (than certain
enumerated) plaiting materials...bound together in parallel
strands or woven, in sheet form, whether or not finished
articles. The rate of duty will be 3.3%.
The other goods in question are open-top bags or sacks made
from the same type of plaiting material described above. The
rectangular bags would be 16" wide by 31" long by 18" high, and
would be sewn along the bottom edges and one vertical corner.
Another style would be manufactured in the form of a tube which
is cut to length and sewn closed at one end; the most common size
for these bags will be 24" wide by 40" tall.
The applicable subheading for the sacks and bags will be
4602.90.0000, HTS, which provides for other (non-enumerated)
basketwork, wickerwork and other articles, made directly to shape
from plaiting materials or made up from articles of heading 4601.
The rate of duty will be 4.9%.
Articles classifiable under subheading 4602.90.0000, HTS,
which are products of India or of Thailand, are entitled to duty
free treatment under the Generalized System of Preferences (GSP)
upon compliance with all applicable regulations.
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