CLA-2-46:OT:RR:NC:2:230
Mr. Joe Yingst
Kuehne & Nagel, Inc.
Suite 500
1825 Airport Exchange Blvd.
Erlanger, KY 41018
RE: The tariff classification of laminated woven polypropylene bags from Thailand and Vietnam
Dear Mr. Yingst:
In your letter dated October 8, 2008, on behalf of your client, Group D/ dba Pacific Rim Manufacturing, you requested a tariff classification ruling.
The ruling was requested on “BOPP Laminated/ Polypropylene Woven Bags,” used for pet food packaging. A sample of the bag was submitted for our review.
The bag is made from woven white polypropylene plastic strips stated to be slightly over 5 mm in width. It is coated on the outer surface with plastic material that is colored green and printed with product information. The bag measures approximately 15” wide x 39” long and is stitched closed at one end.
Classification of the above described merchandise is based on its condition as imported.
If the bag consists of polypropylene strips exceeding 5 mm in apparent width (apparent width is the width in the folded, flattened, compressed or twisted state), the applicable subheading will be 4602.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: Other (than of vegetable materials). The rate of duty will be 3.5 percent ad valorem.
If the strips do not exceed 5 mm in apparent width, they meet the dimensional requirements of man-made fiber textile strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS).
Woven material composed of strips not exceeding 5 mm in apparent width, coated on one side with plastic coating that is visible to the naked eye other than by a change of color, while the other side is not coated, is considered a textile fabric for tariff purposes.
Therefore, if the bag consists of polypropylene strips not exceeding 5 mm in apparent width, the applicable subheading will be 6305.33.0050, 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: Weighing less than 1 kg, with an outer laminated ply of plastic sheeting. The rate of duty will be 8.4 percent 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/.
Articles classifiable under subheading 4602.90.0000, HTSUS, which are products of Thailand may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP 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 our Web site at www.cbp.gov and 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 Paul Garretto at (646) 733-3035.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division