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NY R03411

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March 16, 2006

CLA-2-39:RR:NC:SP:221 R03411

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.32.0020; 9817.00.5000

Mr. Patrick Glavce
PNG Logistics
P.O. Box 123
Akron, PA 17501

RE: The tariff classification of silage bags from Spain, Greece and China.

Dear Mr. Glavce:

In your letter dated March 8, 2006, on behalf of Benco Poly Film LLC, you requested a tariff classification ruling.

Descriptive literature and a sample were provided. The silage bags are in the form of seamless lay flat tubing open at both ends. The silage bags are composed of polyethylene plastic sheeting, and are used for the storage of feed products such as barley and corn.

The applicable subheading for the silage bags will be 3917.32.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tubes, pipes and hoses...not reinforced or otherwise combined with other materials, without fittings, of polyethylene. The rate of duty will be 3.1 percent ad valorem.

           In the alternative, the silage bags may be eligible for duty free entry under subheading 9817.00.5000, HTSUS, which provides for machinery, equipment and implements to be used for agricultural or horticultural purposes, upon compliance with the actual use requirements of sections 10.131 through 10.139, Customs Regulations.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 3917.32.00 - Tubes, pipes and hoses, of plastics, other than rigid, not reinforced or otherwise combined with other materials, without fittings
• Tariff No.: 9817.00.50 - Machinery, equipment and implements to be used for agricultural or horticultural purposes