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

Patrick Page
Page International
P.O. Box 10012
Savannah, GA 31412

RE: The tariff classification of sacks from Vietnam

Dear Mr. Page:

In your letter dated Aug. 8, 2008, on behalf of your client Material Motion, Inc., of Atlanta, you requested a tariff classification ruling. The samples which you submitted are being retained by this office.

You submitted six (6) samples of sacks made of 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).

The first sack is for Tracker brand dog food. The woven textile strips are laminated on the outer surface with biaxially-oriented polypropylene (BOPP) in two colors. It is sewn closed at the top and is opened at the bottom for filling. The sack weighs less than one kilogram.

The second sack is of similar construction as above, but with a plain white lamination with black printing in Arabic and English.

The applicable subheading for the Tracker sack and Arabic-language sack 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.

You also submitted samples of four paper laminated woven bags for our examination. Three of the bags measure approximately 43 cm in width x 88 cm in length which include: (1) printed paper Kraft Bag (no reference #), (1) Brown Paper Kraft Bag (Reference # P5999), and (1) White Paper Laminated Woven Bag (Reference # P5995). The fourth bag is (1) printed paper Kraft Bag (Reference # P5996) which measures approximately 38 cm in width x 74 cm in length. As indicated in your product specification sheet, each of the bags is constructed of either a bleached or natural kraft paper laminated onto woven polypropylene fabric strips and features a Sewn Open Mouth. The White Paper Laminated Woven Bag (Reference #P5995) has a reinforced laminated strip added to the paper sewn tape closure.

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, 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/.

You have asked whether any of these products is subject to antidumping duties or countervailing duties (AD/CVD). 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 http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

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
National Commodity Specialist Division