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Ruling C-2016-012243

active

&&The good in issue is a plastic sack or bag made of biaxially oriented polypropylene (BOPP) strips woven into a textile fabric which has been bonded/fused along one side to form a tubular shape. It is folded in on the edges and stitched along the bottom to form a bag. The outside of the bag is laminated with a thin layer of plastics and a small area has been printed with black lettering.

Classification SH

6305.33.00.10

Raisonnement de l'ASFC

&&As Note 1(p) to Chapter 39 excludes textiles and textile articles of Section XI, heading 39.23, which covers “Articles for the conveyance or packing of goods, of plastics”, was eliminated from consideration.&&&&Heading 63.05 provides for “Sacks and bags, of a kind used in the packing of goods”. The good in issue meets the terms of this heading and more specifically subheading 6305.33 “-Other, of polyethylene or polypropylene strip or the like”, as the good is made of woven polypropylene strips.&&&&Consideration was also given to Note 1 (h) to Section XI which states that “This Section does not cover: Woven, knitted, or crocheted fabrics, felt or nonwovens, impregnated, coated, covered or laminated with plastics, or articles thereof, of Chapter 39”. Although the good is a woven fabric, it is only laminated on the outside of the bag and, as such, it does not qualify for exclusion by this Note.&&

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