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NY N027538




May 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0050, 6305.33.0080

Peter A. Pennesi
Import Operations Manager
V. Alexander & Co., Inc.
6555 Quincy Road
Suite 201
Memphis, TN 38119

RE: The tariff classification of sacks from China, Korea, and other countries

Dear Mr. Pennesi:

In your letter dated April 30, 2008, you requested a tariff classification ruling on behalf of your client, HWI USA LLC, of Collierville, Tennessee.

The submitted samples are three types of polypropylene woven sacks. Sample #1 is identified as 31-TCHAKO and measures approximately 18” x 30”. It is a two-color non-coated bag with low quality graphics. One side features an American flag with the words, “Premium Quality U.S. Rice” on one side and the Statue of Liberty with the words “Tchako Brand” on the other side. Sample #2 is identified as IN-TILB-ELG 100 and measures approximately 15” x 36”. It is an inside-coated bag with two color low quality graphics. One side features the words “Riceland Enriched Rice” and the other side has a chart with the nutritional content of enriched rice. Sample #3 is identified as IN-PHOTO-ELG 25 and measures approximately 12” x 24”. It is an outside-coated bag with two-color low quality graphics. One side features the words “Riceland Enriched Rice” and the other side has a chart with the nutritional content of the enriched rice.

The applicable subheading for the 31-TCHAKO-18 x 30 and the IN-TILB-ELG 10 sacks will be 6305.33.0080, Harmonized Tariff Schedule of the United States (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.

The applicable subheading for the IN-PHOTO-ELG 25 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 plastic sheeting. The rate of duty will be 8.4% ad valorem.

You suggest classification of IN-PHOTO-ELG 25 in subheading 3923.29.0000, HTSUS, as articles for the conveyance or packing of goods, of plastics, sacks and bags, of other plastics.  The articles of this provision must be of plastics.  IN-PHOTO-ELG 25 is made of strips that measure not over 5 mm in width and that thus meet the tariff definition of textile strip.  The strips are woven to form a textile fabric that is then coated on one side only with plastics.  Material of this construction is considered to be a textile fabric.  Therefore, bags made from this textile fabric cannot be classified in any of the provisions of chapter 39.

Subheading 6305.33.0080 falls within textile category 669. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

Merchandise classified under subheading 6305.33.0050 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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