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NY K86504




June 3, 2004
CLA-2-63:RR:NC:N3:351 K86504

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0010, 6305.33.0020

Jennifer Scott
Customs Compliance Manager
Expeditors
21318 64th Ave. South
Kent, WA 98032

RE: The tariff classification of packing bags from the Netherlands

Dear Ms. Scott:

In your letter dated May 24, 2004, you requested a tariff classification ruling on behalf of Justus Bag Company, Inc., of Spokane, Washington.

You submitted two samples of sacks for review. Both are knit of 100 percent 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 first, identified as Style #40000 “Bags on a Roll,” has a capacity of 50 pounds. You indicate that the bag is used for storing, packing, and transporting agricultural products. The other sample is style #400025 “Bags on a Roll”; you indicate that it is identical to #40000, except the capacity is 25 pounds.

Depending on the weight of the individual bags, the applicable subheading for the packing bags will be either 6305.33.0010 or 6305.33.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for sacks of a kind used for the packing of goods: Of man-made textile materials: Other, of polyethylene or polypropylene strip or the like. If the bags weigh one kilogram or more, 6305.33.0010 applies. If the bags weigh less than one kilogram, 6305.33.0020 applies. The rate of duty will be 8.5 percent ad valorem. In both cases, there are no quota or visa restrictions.

The sample will be returned as requested.

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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