The tariff classification of a woven polypropylene bag from India

N208422 April 5, 2012 CLA-2-46:OT:RR:NC:2:230 CATEGORY: Classification TARIFF NO.: 4602.90.0000 Mr. Bill Helms Schmidt, Pritchard & Co., Inc. 9801 West Lawrence Avenue Schiller Park, IL 60176 RE: The tariff classification of a woven polypropylene bag from India Dear Mr. Helms: In your letter dated February 23, 2012, you requested a tariff classification ruling on behalf of your client Kobawala Poly Pack, Inc. The ruling was requested on a woven polypropylene bag. A sample was submitted for our review and will be retained for reference. The sample bag, which is in the form of a tube sewn shut at both ends, measures approximately 16 inches wide by 31 inches long. You note that bag sizes may vary. The bag is constructed of interwoven polypropylene strips that you state to measure 5.15 +/- .02mm in width. This dimension was confirmed under magnification. You identify that the bag is coated with polypropylene and low-density polyethylene, and is used for packing of such goods as cement, plaster, mortar, grains, and seeds. 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. The polypropylene strips constitute plaiting materials. 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 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 bag, which is constructed of polypropylene strips exceeding 5mm in width, is therefore classifiable as a made up article of plaiting materials. 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 Laurel Duvall at (646) 733-3035. Sincerely, Thomas J. Russo Director National Commodity Specialist Division