CLA-2-42:OT:RR:NC:N3:341
Linda L. Murray
Geologistics Americas, Inc.
19688 Van Ness Avenue
Torrance, CA 90501
RE: The tariff classification of a wine bottle bag
Dear Ms. Murray:
In your letter dated April 29, 2008 on behalf of Sundance Packaging, Inc., you requested a classification ruling. The sample which you submitted is being returned as requested.
The submitted sample was not identified with a style number. It is a wine bottle bag constructed with an outer surface of non-woven polypropylene (PP) textile material. The bag has an open top and double carrying handles. The interior is divided into individual sections for six wine bottles. The carrying bag is of durable construction and capable of repetitive use. It measures approximately 10” (W) x 10.75” (H) x 7” (D).
You have indicated that the bags are packing materials of the kind classified in subheading 6305.39.0000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides, in part, for other made-up textile articles, sacks and bags, of a kind used for the packing of goods. Heading 6305, HTSUS provides for bags that are principally used in the marketing and transportation of goods. Classification must be within the most specific provision and according to the language of the chapter headings and their relative notes. The wine bottle bag is more specifically provided for within Heading 4202, HTSUS. Therefore, it is more appropriately classified in therein.
The applicable subheading for the wine bottle bag will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other containers and cases, other, with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6% 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 World Wide Web at http://www.usitc.gov/tata/hts/.
HTSUS 4202.92.9026 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.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 Vikki Lazaro at 646-733-3041.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division