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

Ms. Colleen Campbell
Engineered Coated Products
17 Beachgrove Cres.
Stoney Creek, Ontario L8J 2N8

RE: The tariff classification of sleeve bags from Canada

Dear Ms. Campbell:

In your letter dated June 29, 2011 you requested a tariff classification ruling.

You submitted a sample of a fabric that you say is woven of strips of polypropylene. The strips are cut from a large sheet and are between three and four millimeters in width, thus meeting the dimensional requirements of textile strips contained in Section XI, Legal Note 1(g), Harmonized Tariff Schedule of the United States (HTSUS).

The woven fabric you have submitted is converted into a flat tube and made up with side gussets; polypropylene is used to seam the edges together. The tube is then automatically cut and a hem is folded over and sewn. The hemming of one end, with the top left open for filling, creates the essential character of a bag. We assume the empty bag will weigh less than one kilogram.

The applicable subheading for the polypropylene bags will be 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.

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 the World Wide Web at http://www.usitc.gov/tata/hts/.

You mention in your letter that the bags will be coated or printed, or laminated with an outer ply of plastics sheeting. Please be advised that if the bags are subjected to any of the above processes, they 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 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://addcvd.cbp.gov/

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