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NY K81364




December 12, 2003
CLA-2-63:RR:NC:TA:351 K81364

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Michael Nier
Nier Systems Inc.
6678 Newport Lake Circle
Boca Raton, FL 33496

RE: The tariff classification of container liner bags from United Kingdom.

Dear Mr. Nier:

In your letter dated November 17, 2003, you requested a tariff classification ruling.

The submitted swatch is a representative sample of the material used for the manufacture of container liner bags. The swatch is made of plain-woven polyethylene strips. The strips meet the dimensional requirements of man-made fiber strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS). The fabric woven from these strips is coated with plastic material that is not visible to the naked eye.

You believe that the container liner bags should be classifiable under subheading 3923.21.0090, HTS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): Of polymers of ethylene: Other: Other. The fabric woven from these strips is coated with plastic material that is not visible to the naked eye. This type of material is not considered to be plastic for tariff classification purposes.

The applicable subheading for the container liner bags will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem. The rate of duty for the year 2004 will be the same.

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,

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