CLA-2-39:OT:RR:NC:N4:421

Ms. Lorie Gurliaccio
World Wise Consulting Inc.
1665 NW 102nd Avenue, Suite 107
Doral, FL 33172

RE: The tariff classification of plastic netting bags from China

Dear Ms. Gurliaccio:

In your letter dated February 2, 2011, on behalf of Costa Farms, you requested a tariff classification ruling.

The sample submitted with your request is identified as a plastic netting bag. It is made from polypropylene netting or mesh formed in an extrusion process. Although this process creates a material with open spaces, the mesh is made in a continuous manufacturing process and is not made from pre-existing filaments. The mesh is extruded as a tube or sleeve and is sealed at the bottom with a metal wire to form a bag. The bag will be used in the packaging of plants or flowers. The open spaces permit air and sunlight to reach the plant and enable the plant to be watered. The bag is disposed of after the purchase of the plant.

The applicable subheading for the plastic netting bags will be 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics…sacks and bags…of other plastics. The rate of duty will be 3 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 Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division