CLA-2-42:RR:NC:3:341 K81798

Jonathan P. Brazee, President
C/o Lucky Star International, Inc.
15000 Oak Canyon Road
Poway, CA 92064

RE: The tariff classification of a dog food bag and shopping bags from Thailand

Dear Dr. Brazee:

In your letter dated December 4th, 2003 you requested a tariff classification ruling.

You have submitted a sample of a Pedigree-brand dog food bag. The item measures 17”W x 38”H. You state that it is composed of three layers: a core of woven polypropylene, an inside laminate of polypropylene, and an outside laminate of oriented polypropylene. The bag weighs approximately 180 grams.

The applicable subheading for the dog food bag will be 6305.33.0020, Harmonized Tariff Schedule of the United States (HTS), 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 general rate of duty will be 8.5 percent ad valorem in 2003 and 8.4 percent ad valorem in 2004.

The other three bags are shopping bags (the “ 7 Wonders”, the black bag, and the rainbow-colored bag) are open and feature carrying straps. The items are also constructed of the woven Polypropylene yarn that is covered on both sides with a plastic covered paper.

The applicable subheading for the shopping bags will be 4202.92.4500, HTS, which provides for travel, sports, and similar bags, with outer surface of plastic sheeting. The rate of duty will be 20 percent ad valorem. The rate of duty will continue to be 20 percent ad valorem for 2004.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division