CLA-2-48:OT:RR:NC:N2:234

Mr. Rett Schuler
Fulton Pacific Packaging Company
1060 Piper Drive
Vacaville, CA 95688

RE: The tariff classification of kraft paper sacks from China

Dear Mr. Schuler:

In your letter dated April 4, 2008, you requested a tariff classification ruling. The sample which you submitted is being retained by this office.

You submitted a sample of a kraft paper sack. You state that the specification for the submitted sample is 70 g/m2 white kraft paper with a 20 micron polypropylene lamination on the outer layer, and the inner layer is composed of 10 X 10, 790 denier woven polypropylene. The tops are sewn with a white paper crepe tape and a white paper EZ opening tape. The stated measurements for the submitted sample are 12” wide X 3” gusset X 26” long. You further stated that you will be importing these bags in various sizes which range up to 24” wide and 40” long.

The applicable subheading for the kraft paper bags that have a base of a width of 40 cm or more will be 4819.30.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sacks and bags, having a base width of 40 cm or more: Shipping sacks and multiwall bags, other than grocers’ bags. The rate of duty will be Free.

The applicable subheading for the kraft paper bags that have a base of a width of less than 40 cm will be 4819.40.0020, (HTSUS), which provides for Other sacks and bags, including cones: Shipping sacks and multiwall bags, other than grocers’ bags. The rate of duty will be Free.

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 Patricia Wilson at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division