CLA-2-63:RR:NC:N3:351 G87429
Mr. Karl F. Krueger
Danzas AEI Customs Brokers
29200 Northwestern Hwy.
Southfield, MI 48034
RE: The tariff classification of flexible intermediate bulk container, woven polypropylene tubing, polypropylene bag, Silt Fence, and polypropylene bag, from India, China, or Indonesia.
Dear Mr. Krueger:
In your letter dated February 7, 2001, you requested a ruling on behalf of Interwrap Industries Corp., of Sylvester, GA, on tariff classification.
You submitted five samples. Item 1 is a flexible intermediate bulk container (FIBC), called SuperSack® or McSack™. They are constructed of polypropylene, rectangular with a fill spout on top and they may or may not have a discharge spout on the bottom. There are four lift straps attached. It will be used for the transport of such items as sand, grains, or peanuts. You state that it weighs more than one kilogram. It will be manufactured in Indonesia.
Item 2 is a woven spiral tubing of 100% polypropylene. It is made of a circular woven fabric of strips approximately 2.5mm in width, which meet the dimensional requirements to be considered textile strip for tariff purposes. The tube is produced in flat widths ranging from 24” to 108” and sewn into rolls of 550 yards in length. There is no selvedge, or finished, edge. It will be manufactured in Indonesia.
Item 3 is a bag woven of 100% polypropylene strip. The strips meet the dimensional requirements to be considered textile strip for tariff purposes. The sample has a hemmed opening and a sewn bottom and will be used for packaging of sand, beans, resin pellets, and similar products. It will be manufactured in India.
Item 4 is a Silt Fence. It is a black woven circular woven fabric of 100% polypropylene strip. The strips meet the dimensional requirements to be considered textile strip for tariff purposes. It will be imported in rolls 24” to 36” in width, all 1800 yards long. The end user will cut it and attach it to posts to filter sand and sediment off of highways and construction sites during rainy weather. It will be manufactured in India.
Item 5 is a 100% polypropylene mesh bag used to package onions, potatoes, and the like. The mesh is a leno weave.
The applicable subheading for the flexible intermediate bulk container will be 6305.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for sacks and bags, of a kind used for packing of goods, of man-made textile materials, flexible intermediate bulk containers, weighing one kg. or more. The general rate of duty will be 8.7 percent ad valorem.
The applicable subheading for the woven spiral tubing will be 6307.90.9989, HTS, which provides for other made-up textile articles, other. The general rate of duty will be seven percent ad valorem. You state in your letter that you believe the correct classification to be 5407.20.0000, which provides for certain woven fabrics. Please be advised that sewing into the spiral shape advances the fabric to a point where it meets the definition of “made up” in Note 7 to Section XI, HTS.
The applicable subheading for the bag woven of 100% polypropylene strip will be 6305.33.0020, HTS, which provides for sacks and bags, of a kind used for the packing of goods: Of man-made textile materials: Other, of polyethylene or polypropylene strip or the like, other. The general rate of duty will be 8.7 percent ad valorem.
The applicable subheading for the Silt Fence will be 5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, woven fabrics obtained from strip or the like. The general rate of duty will be 5.1 percent ad valorem.
The applicable subheading for the 100% polypropylene mesh bag used to package onions, potatoes, and the like will be 6305.39.0000, HTS, which provides for sacks and bags, of a kind used for the packing of goods: Of man-made textile materials: Other. The general rate of duty will be 8.7 percent ad valorem.
Items 1, 3, and 5 fall within textile category designation 669. Item 4 falls within textile category designation 620. Based upon international textile trade agreements products of India, China, and Indonesia are currently subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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 212-637-7086.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division