CLA-2-46:OT:RR:NC:2:230
Ms. Alicia Reitano
Kuehne & Nagel
1825 Airport Exchange Blvd
Suite 500
Erlanger, KY 41018
RE: The tariff classification of laminated woven polypropylene bags from Thailand
Dear Ms. Reitano:
In your letter dated May 21, 2010 you requested a tariff classification ruling on behalf of your client CPPC Marketing.
The ruling was requested on “BOPP laminated /polypropylene woven bags”. Ten samples were submitted for our review. The woven polypropylene bags in question are used for pet food and cat litter packaging for retail sale. You state that the bags are constructed of a 5x5 mm weave pattern of woven polypropylene strips exceeding 5mm in width. The bags are coated with plastic on the outside surface which is colored in green, blue, or yellow and printed with product information. The bags are sealed at the top. The inside of the bags are not coated. You state that the bags can vary from 15- to 50-pound capacities.
Chapter Note 1 of Chapter 46, Harmonized Tariff Schedule of the United States (“HTSUS”), states as follows:
In this chapter the expression “plaiting materials” means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattans, rushes, reeds, strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or other strips obtained from broad leaves), unspun natural textile fibers, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or nonwovens, human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of chapter 54.
The woven polypropylene strips exceeding 5mm in apparent width meet the definition of "plaiting materials" of Chapter 46, Note 1
The applicable subheading for the laminated woven polypropylene bags coated on the outside surface with plastic 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.
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 Paul Garretto at (646) 733-3035.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division