The tariff classification of fabric and a bag from China

NY K82761 February 11, 2004 CLA-2-5803:RR:NC:N3:351 K82761 CATEGORY: Classification TARIFF NO.: 6305.33.0020, 5803.90.3000 Philip Wang Vice President Agribag, Inc. San Leandro HQ 2690 Alvarado Street San Leandro, CA 94577 RE: The tariff classification of fabric and a bag from China Dear Mr. Wang: In your undated letter received in our office on January 27, 2004, you requested a tariff classification ruling. You state that you have sent three samples. We have received four: three pieces of cut fabric and one finished bag. The open bag, measuring 20½” x 30” and weighing less than 1 kilogram, is described as a 50 pound onion bag. It is constructed of a woven polypropylene mesh. The weave of the mesh is 4mm x 4mm. The applicable subheading for the bag will be 6305.33.0020, Harmonized Tariff Schedule of the United States (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 rate of duty will be 8.4 percent ad valorem. The bag, classified in subheading 6305.33.0020, falls within textile category designation 669. Based upon international textile trade agreements, products of China are currently subject to quota and the requirement of a visa. The three samples of fabric are of the same material from which the bag is constructed. The samples measure approximately 42” x 33”, but the fabric will be imported in rolls of 200 yards. The applicable subheading for the pieces of fabric will be 5803.90.3000, HTS, which provides for gauze, other than narrow fabrics of heading 5806, of other textile materials, of man-made fibers. The rate of duty will be Free. This fabric falls within textile category designation 220. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa. 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 646-733-3102. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division