CLA-2-39:RR:NC:N2:221 G86718

Ms. Paula Girod
E.R. Hawthorne & Company, Inc.
9370 Wallisville Road
Houston, TX 77013

RE: The tariff classification of container liner bags from China or Turkey.

Dear Ms. Girod:

In your letter dated January 30, 2001, on behalf of Pactec Bulk Packaging Systems, LLC, you requested a tariff classification ruling.

The container liner bags will be made from either clear polypropylene plastic film or coated woven polyethylene fabric. The sample swatch of the coated fabric is woven from polyethylene strips that measure not over 5 mm in width, and thus meet the dimensional requirements for man-made textile strips. The fabric woven from these strips is coated on both sides with plastics materials that are visible to the naked eye other than by change of color. Such a construction is considered to be of plastics for tariff classification purposes.

The applicable subheading for the container liner bags made of woven polyethylene strips, visibly coated with plastics, will be 3923.21.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics…sacks and bags, of polymers of ethylene…other. The general rate of duty will be 3 percent ad valorem.

The applicable subheading for the container liner bags made of polypropylene film will be 3923.29.0000, HTS, which provides for articles for the conveyance or packing of goods, of plastics…sacks and bags…of other plastics. The general rate of duty will be 3 percent ad valorem.

Articles classifiable under subheading 3923.21.0090 or 3923.29.0000, HTS, which are products of Turkey are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division