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NY N023086




February 15, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0050

David Spencer
Cargill Animal Nutrition
12900 Whitewater Drive
MS 14
Minnetonka, MN 55343

RE: The tariff classification of animal feed bags from China

Dear Mr. Spencer:

In your undated letter received in our office on Feb. 11, 2008, you requested a tariff classification ruling. This was a follow-up to your electronic submission of Feb. 2, which we had to reject for samples. You submitted two samples of animal feed bags. The samples which you submitted were destroyed in analysis. You describe the bags as follows:

Item A is an animal feed bag constructed of three layers. The inner layer is woven polypropylene strips approximately 3mm in width, total weight 100 grams per square meter. The middle layer is a laminate or adhesive consisting of extruded polypropylene and polyethylene, total weight 20 grams per square meter. The outer layer is printed biaxially oriented polypropylene film, total weight 25 grams per square meter; this is a colored coating that is visible to the naked eye. The bag is sewn shut at the top, but the bottom is opened, to be sealed after filling.

Item B is an animal feed bag constructed of five layers. The inner layer is biaxially oriented polypropylene film, total weight 18 grams per square meter; this is a clear plastic coating that is not visible to the naked eye. The next layer is a laminate or adhesive consisting of extruded polypropylene and polyethylene, total weight 20 grams per square meter. The next layer is woven polypropylene strips approximately 3mm in width, total weight 85 grams per square meter. The next layer is a laminate or adhesive consisting of extruded polypropylene and polyethylene, total weight 20 grams per square meter. The outer layer is printed biaxially oriented polypropylene film, total weight 18 grams per square meter; this is a white coating that is visible to the naked eye. The bag is sewn shut at the top, but the bottom is opened, to be sealed after filling; it has a tin/metal strip across the top for resealing. The strips in both bags 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). Both bags are considered textile for tariff purposes.

The applicable subheading for the animal feed bags of woven textile strips will be 6305.33.0050, 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: Weighing less than 1 kg, with an outer laminated ply of plastics sheeting. The rate of duty will be 8.4% ad valorem.

The merchandise in question may be subject to antidumping duties or countervailing duties. 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. You can contact them at www.trade.gov/ia/ (click on “Contact Us”) or you may call them at 202-482-0984. For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at www.usitc.gov (click on “Antidumping and countervailing duty investigations”). You can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at www.cbp.gov (click on “Import” and “AD/CVD”).

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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