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

Robert Sanshuk
C.H. Robinson International, Inc.
855 Arthur Avenue
Elk Grove Village, IL 60007

RE: The tariff classification of sacks from Indonesia

Dear Mr. Sanshuk:

In your letter dated January 22, 2010, you requested a tariff classification ruling on behalf of your client, Justus Bag Company.

The submitted samples are sacks. 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 applicable subheading for the sacks will be 6305.33.0080, 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. The rate of duty will be 8.4% ad valorem.

You suggest that the proper classification for the sack is in subheading 6307.90.9889, which provides for other made up textile articles. However, the bags in the rulings you cite were not “of a kind used for the packing of goods,” as the more specific heading 6305 requires. This heading covers textile sacks of a kind normally used for the packing of goods for transport, storage or sale, which is what your product is.

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