The tariff classification of a woven polypropylene bag from China

N103157 May 26, 2010 CLA-2-46:OT:RR:NC:2:230 CATEGORY: Classification TARIFF NO.: 4602.90.0000 Ms. Phoebe Chang Nantong Unipack International Co., Ltd. 6294B Joaquin Murieta Avenue Newark, CA 94560 RE: The tariff classification of a woven polypropylene bag from China Dear Ms. Chang: In your letter dated April 26, 2010, you requested a tariff classification ruling on behalf of your client Unitex Bag, Inc. The ruling was requested on a woven 100% polypropylene bag. You submitted two photos of the polypropylene bag for our review. One photo depicts the plastic bag in a flattened state and the other shows a close-up image of the woven white polypropylene strips which you state in your letter measure 5.5 mm – 6 mm in width. You state in your letter that the bag will be constructed by weaving the polypropylene strips into a style of a seamless fabric tube to a designated length, single folded and sewn closed on one end. The bags will measure 15.5 inches x 6.5 inches x 34 inches with some variations in the dimensions for various sizes. Although you state in your letter some bags will be with or without polypropylene lamination, the photo of the bags show an outer layer of lamination and contain 4.5 strips per inch in the warp and filling. The plastic bags will be used for resin packaging. This ruling applies only to bags with a polypropylene lamination. If you decide to request a ruling for bags without a polypropylene lamination, please include an actual sample and a full description of the product. The classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (“GRIs”), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. In the event that goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require the remaining GRI will be applied, in the order of their appearance. Chapter Note 1 of Chapter 46, Harmonized Tariff Schedule of the United States (“HTSUS”), states as follows: In this chapter the expression “plaiting materials” means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattans, rushes, reeds, strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or other strips obtained from broad leaves), unspun natural textile fibers, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or nonwovens, human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of chapter 54. The essential character of the polypropylene bag is imparted by the woven polypropylene strips which exceed 5 mm in width. The Explanatory Notes (ENs) to Chapter 46 clarify that monofilament and strip and the like of plastics of an apparent width of over 5 mm are classifiable in Chapter 46 as a plaiting material. The applicable subheading for the woven polypropylene bags laminated with polypropylene will be 4602.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: other (than of vegetable materials). The rate of duty will be 3.5 percent ad valorem. 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 Paul Garretto at (646) 733-3035. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division