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NY K86349





June 9, 2004
CLA-2-48:RR:NC:SP:234 K86349

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020; 4819.30.0020; 3923.21.0090

Mr. Kevin S. Long
Long Brothers
P.O. Box 16123
Ludlow, KY 41016-0123

RE: The tariff classification of packaging/shipping sacks and bags from China.

Dear Mr. Long:

In your letter dated May 18, 2004, you requested a tariff classification ruling. Samples representing five types of bags were submitted for our examination.

Item #1 is a 46 x 76 cm bag made of woven polypropylene strips having an individual width of approximately 2 millimeters. (Since these strips meet the dimensional requirements to be considered textile strips, the bag will be regarded as a textile article.) This bag will be principally used by feed and grain mills for the packaging, shipping and marketing of grass seed, animal feed, etc.

Item #2 is a brown kraft paper sack with a laminated reinforcing liner of made of woven plastic strips. It has a 41-cm-wide base featuring a sewn paper-tape closure, and is 86 cm long. It will be used for packing feed and seed.

Item #3 is a 42 x 113 cm bag made of two co-extruded layers of polyethylene plastic sheeting. The exterior layer is white, while the interior layer is black. A number of small holes have been punched through the wall of the bag at various locations. The bag will be principally used to package insulation.

Item #4 is a multi-wall bag having a 41-cm-wide base (with sewn paper-tape closure) and a length of 91 cm. The outer layer is of bleached white paper, followed, successively, by a layer of natural brown kraft paper, a thin layer of polyethylene film, and another layer of brown kraft paper. It will be used for packing seed and feed.

Item #5 is a multi-wall bag having a 41-cm-wide base (with sewn paper-tape closure) and a length of 91 cm. The outer layer is of bleached white paper, which is lined with two layers of natural brown kraft paper. The bag will be used for packing seed and feed.

The applicable subheading for item #1 will be 6305.33.0020, Harmonized Tariff Schedule of the United States (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 likeother (than weighing one kg or more). The rate of duty will be 8.4%.

The applicable subheading for item numbers 2, 4 and 5 will be 4819.30.0020, HTS, which provides for shipping sacks and multiwall bags, other than grocers’ bags, having a base of a width of 40 cm or more, of paper or paperboard. The rate of duty will be Free.

The applicable subheading for item #3 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. The rate of duty will be 3%.

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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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