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NY 851092

April 11, 1990

CLA-2-39:S:N:N3D:221 851092

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.32.0020; 9817.00.5000

Ms. Loretta Chiavarini
Klerk's Plastic Products Manufacturing Inc. P.O. Box 145
205 K Hallock Avenue
Middlesex, New Jersey 08846

RE: The tariff classification of silage bags from the Netherlands.

Dear Ms. Chiavarini:

In your letter dated March 21, 1990, you requested a tariff classification ruling.

The silage bags, described in the literature submitted with your request, are constructed of polyethylene plastic. Though described as bags, they are actually in the form of seamless lay flat tubing, open at both ends. The ends have no hems or grommets, and are not processed in any way. The bags are folded and individually boxed when imported. After importation, they will be attached to a silage compacting machine, which fills them with feed products. They are used to store silage (chopped forage) for cattle. The literature is being returned to you as you requested.

The applicable subheading for the polyethylene silage bags will be 3917.32.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hoses...not reinforced or otherwise combined with other materials, without fittings, of polyethylene. The rate of duty will be 3.1 percent ad valorem.

In the alternative, the silage bags may be eligible for duty free entry under subheading 9817.00.5000, HTS, which provides for machinery, equipment and implements to be used for agricultural or horticultural purposes, upon compliance with the actual use requirements of sections 10.131 through 10.139, Customs Regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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See also:

• Tariff No.: 3917.32.00 - Tubes, pipes and hoses, of plastics, other than rigid, not reinforced or otherwise combined with other materials, without fittings
• Tariff No.: 9817.00.50 - Machinery, equipment and implements to be used for agricultural or horticultural purposes