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NY K82940

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February 19, 2004
CLA-2-63:RR:NC:N3:351 K82940

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.33.0010, 6005.32.0010, 6305.33.0020, 3923.21.0090, 5803.90.3000

Heather Thoensen
Import/Brokerage
Phoenix International Freight Services, Ltd. 18150 East 32nd Place
Suite C
Aurora, CO 80011-3327

RE: The tariff classification of produce bags and fabric from China

Dear Ms. Thoensen:

In your letter dated February 2, 2004, you requested a tariff classification ruling. The ruling request is on behalf of Lockwood Packaging.

The samples were not identified by style numbers. We shall identify them by the order in which you listed them in your letter.

The first sample is knitted raschel polyethylene fabric that, you indicate, is imported in rolls with drawstrings, and is used to make bags. The knit fabric is 813mm wide. It is made from strip that meets the tariff definition of textile.

The applicable subheading for this warp knit fabric will be 6005.33.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, of yarns of different colors, open-work fabrics. The duty rate will be 10 percent ad valorem.

The second sample is knitted raschel polyethylene material that, you indicate, is imported in rolls without drawstrings, and is used to make bags. The knit fabric is 432mm-813mm wide. It is made from strip that meets the tariff definition of textile.

The applicable subheading for this warp knit fabric will be 6005.32.0010, HTS, which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, dyed, open-work fabrics. The rate of duty will be 10 percent ad valorem.

The fourth sample is a leno woven polypropylene (leno) fabric imported in rolls with a drawstring and used to make bags. The fabric is 825 mm wide. It is made from strip that meets the tariff definition of textile.

The applicable subheading for the leno woven fabric will be 5803.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for gauze, other than narrow fabrics of heading 5806, of other textile materials, of man-made fibers. The rate of duty will be Free.

The third sample is a knitted raschel polyethelyne or high density polyethylene bag which you also identify as jute. Our examination has determined that it is, in fact, not jute. The fifth sample is a woven polypropylene (leno weave) bag. The sixth sample is a circular woven polypropylene bag.

Samples 3, 5, and 6 are made from strip that meets the tariff definition of textile. You state the bags will be used to package potatoes and onions.

The applicable subheading for samples 3, 5, and 6 will be 6305.33.0020, HTS, which provides for sacks and bags, of a kind used for the packing of goods: Of man-made textile materials: Other, of polyethylene or polypropylene strip or the like, other. The rate of duty will be 8.4 percent ad valorem.

The seventh sample submitted is a bag made of polyethylene sheet. The applicable subheading for the plastic shopping bag will be 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 rate of duty will be 3 percent ad valorem.

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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See also:

• Tariff No.: 3923.21.00 - Sacks and bags (including cones) for the conveyance or packing of goods, of polymers of ethylene
• Tariff No.: 5803.90.30 - Gauze (other than narrow fabrics of heading 5806) of man-made fibers
• Tariff No.: 6005.32.00 - Dyed warp knit fabrics (including those made on galloon knitting machines) of synthetic fibers, other than those of headings 6001 to 6004
• Tariff No.: 6005.33.00 - Warp knit fabrics of yarn of different color (including made on galloon knitting machine) of synthetic fiber, other than headings 6001-6004
• Tariff No.: 6305.33.00 - Other sacks/bags for packing goods, of mm tex.mat.(not flex.intermed.bulk containers), of polyethylene or polypro. strip or the like