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NY N014059




July 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0080

John Van Keulen
Justus Bag Co., Inc.
1312 West Broadway
Moses Lake, WA 98837

RE: The tariff classification of packing bags in rolls, from France

Dear Mr. Van Keulen:

In your letter dated June 26, 2007, you requested a tariff classification ruling.

You submitted two samples of the bags. You state that they are made of 100% high density polyethylene (HDPE) 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 (HTSUS).

The bags will be imported as rolls of knit fabric in two layers, knit closed every 13” or so, indicating where the roll will be cut to form the width of the individual bags. One edge of the roll is also knit closed, forming the bottom of the bag. These features, closing three sides, create the essential character of a bag.

In a telephone conversation with this office, you stated that the width of the roll will be 76 centimeters, approximately 30 inches, meaning that each bag will be that size from top to bottom. After the bag is filled, the top will be sewn shut. The individual bags weigh less than one kilogram each.

The applicable subheading for the bags in roll form will be 6305.33.0080, HTSUS, 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% ad valorem.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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