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NY N023276




February 19, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0050, 6305.33.0080

Ms. Lina Morales
Fritz Marketing, Inc.
1547 Hurontario St.
Mississauga, Ontario
Canada L5G 3H7

RE: The tariff classification of animal feed bags from China

Dear Ms. Morales:

In your letter dated Jan. 31, 2008, you requested a tariff classification ruling. You state that these bags may also be imported from India, Indonesia, and other countries. The samples which you submitted were examined and disposed of.

You submitted three bags. They are all made from circular woven fabric, so there are no side seams. The fabric is 10 x 10 woven polypropylene 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).

Sample A is 23” x 40” and weighs 77 grams. One end is folded over and sewn shut while the other end is opened with a hemmed edge. The bag is not coated. It has no printing or labeling, but it is of a kind used for the packing of goods for transport, storage, or sale.

Sample B is 16” x 34” with a 6” gusset and weighs 100 grams. The bottom of the bag is sewn shut and the top is opened. The exterior of the bag has been coated with clear polypropylene that is not visible to the naked eye; this construction is considered a textile fabric for tariff purposes. It is printed with company information for use with chemicals.

The applicable subheading for samples A and B 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.

Sample C is 35” x 16” with a 6” gusset and weighs 118 grams. The bottom of the bag is sewn shut and the top is opened. The inner surface is uncoated. The middle layer is a layer of extrusion coating of polypropylene and polyurethane. The outer surface is printed BOPP film; this is a coating that is visible to the naked eye. The construction of this bag is considered a textile fabric for tariff purposes. It is printed with a cereal company’s information.

The applicable subheading for sample C 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.

Sample C 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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