CLA-2-63:OT:RR:NC:TA:351
Gerell London
ITW Shippers Products
930 Detroit Avenue
Suite A
Concord, CA 94518
RE: The tariff classification of a dunnage air bag from Turkey
Dear Mr. London:
In your letter dated July 29, 2009, you requested a tariff classification ruling. We had to return that request for a sample. In your undated response received in our office on August 7, 2009, you supplied the sample.
The submitted sample is a polypropylene/polyethylene dunnage air bag (Level 1 Gorilla Series). It measures 36” x 36” and consists of an inner wall of co-extruded tubular polyethylene liner and an outer wall of a tubular woven polypropylene polyethylene-coated protective barrier. This is a textile fabric that is coated on one side with plastic coating that is visible to the naked eye other than by a change of color, while the other side is not coated; this construction is considered a textile fabric for tariff purposes.
The dunnage air bag has an ABS valve body, a rubber seal, a nickel-plated carbon steel spring and a polyethylene annular flange. The seams on the polyethylene liner and the valve are heat sealed and the seams on the polypropylene outer shell are folded and double sewn. The article is used to stabilize and fill voids in containers, truck trailers, and rail cars. They are placed in empty spaces and filled with air.
The applicable subheading for the inflatable dunnage air bag will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.
In your original letter, you suggested that the correct classification for this item is in subheading 4819.30.0020, HTSUS, which provides, inter alia, for sacks and bags of paper. However, since this is a textile article, as explained above, it cannot be classified in subheading 4819.30.0020.
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
National Commodity Specialist Division