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NY K89803




September 30, 2004

CLA-2-63:RR:NC:N3:351 K89803

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020

Joel Baggett
Hampton Bay
448 Lane Drive
Florence, AL 35630

RE: The tariff classification of a dog food bag from China

Dear Mr. Baggett:

In your undated letter that was received in our offices on September 27, 2004, you requested a tariff classification ruling.

The submitted sample is a dog food bag that measures approximately 14” x 26”. It is constructed of 3mm woven strips; the strips meet the dimensional requirements of man-made fiber textile strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS).

The fabric is heavily coated on the outside with a clear plastic coating that is visible to the naked eye other than by change of color, while the inside is not coated; this type of construction is classified as a textile material for tariff purposes.

The applicable subheading for the dog food bag 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 like, other. The rate of duty will be 8.4 percent ad valorem. This item is not subject to any quota restrictions or visa requirements.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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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