CLA-2-63:OT:RR:NC:TA:351
Joe Yingst
Kuehne & Nagel
1825 Airport Exchange Blvd.
Suite 500
Erlanger, KY 41018
RE: The tariff classification of pet food sacks from Thailand and Vietnam
Dear Mr. Yingst:
In your letter dated September 4, 2009 you requested a tariff classification ruling on behalf of your client, CPPC Marketing.
You submitted a sack made of woven polypropylene strips. You state that the strips exceed five millimeters in width, but our examination leads us to conclude that they do not. The strips meet the dimensional requirements of textile strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS).
The sack is of the kind used to package dry pet foods and similar products for retail sale; this one is for a brand of kitty litter. You state that the sacks can vary from 15- to 50-pound capacities; the sample is for 30 lbs. It has an outer laminated surface of biaxially oriented polypropylene (BOPP) film; the film is printed in more than three colors. The inner surface is not coated. The bag is sealed at the top and open at the bottom; the bottom will be sealed after filling.
The applicable subheading for the sacks will be 6305.33.0050, HTSUS, which provides for sacks and bags, of a kind used for the packing of goods, other, of polyethylene or polypropylene strip or the like, other: weighing less than 1 kg., with an outer laminated ply of plastics sheeting. The rate of duty will be 8.4% ad valorem.
Your suggested classification of 4602.90.0000 does not apply because the strips are textile, as explained above.
The merchandise in question 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 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”).
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