N035244

August 19, 2008

CLA-2-63:OT:RR:NC:N3:351

CATEGORY: Classification

TARIFF NO.: 6305.33.0050, 4819.30.0020, 4819.40.0020

Patrick Page

Page International

P.O. Box 10012

Savannah, GA 31412

RE: The tariff classification of sacks from Vietnam

Dear Mr. Page:

In your letter dated Aug. 8, 2008, on behalf of your client Material
Motion, Inc., of Atlanta, you requested a tariff classification ruling.
The samples which you submitted are being retained by this office.

You submitted six (6) samples of sacks made of woven polypropylene
strips. The strips 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).

The first sack is for Tracker brand dog food. The woven textile strips
are laminated on the outer surface with biaxially-oriented polypropylene
(BOPP) in two colors. It is sewn closed at the top and is opened at the
bottom for filling. The sack weighs less than one kilogram.

The second sack is of similar construction as above, but with a plain
white lamination with black printing in Arabic and English.

The applicable subheading for the Tracker sack and Arabic-language sack
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: Other: Weighing less
than 1 kg, with an outer laminated ply of plastic sheeting.

You also submitted samples of four paper laminated woven bags for our
examination. Three of the bags measure approximately 43 cm in width x 88
cm in length which include: (1) printed paper Kraft Bag (no reference
#), (1) Brown Paper Kraft Bag (Reference \# P5999), and (1) White Paper
Laminated Woven Bag (Reference \# P5995). The fourth bag is (1) printed
paper Kraft Bag (Reference \# P5996) which measures approximately 38 cm
in width x 74 cm in length. As indicated in your product specification
sheet, each of the bags is constructed of either a bleached or natural
kraft paper laminated onto woven polypropylene fabric strips and
features a Sewn Open Mouth. The White Paper Laminated Woven Bag
(Reference #P5995) has a reinforced laminated strip added to the paper
sewn tape closure.

The applicable subheading for the kraft paper bags that have a base of a
width of 40 cm or more will be 4819.30.0020, HTSUS, which provides for
Sacks and bags, having a base width of 40 cm or more: Shipping sacks and
multiwall bags, other than grocers' bags. The rate of duty will be Free.

The applicable subheading for the kraft paper bags that have a base of a
width of less than 40 cm will be 4819.40.0020, HTSUS, which provides for
Other sacks and bags, including cones: Shipping sacks and multiwall
bags, other than grocers' bags. The rate of duty will be Free.

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/.

You have asked whether any of these products is subject to antidumping
duties or countervailing duties (AD/CVD). Written decisions regarding
the scope of AD/CVD orders are issued by the Import Administration in
the Department of Commerce and are separate from tariff classification
and origin rulings issued by Customs and Border Protection. You can
contact them at http://www.trade.gov/ia/ (click on "Contact Us"). For
your information, you can view a list of current AD/CVD cases at the
United States International Trade Commission website at
http://www.usitc.gov (click on "Antidumping and countervailing duty
investigations"), and you can search AD/CVD deposit and liquidation
messages using the AD/CVD Search tool at http://www.cbp.gov (click on
"Import" and "AD/CVD").

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 Mitchel Bayer at (646) 733-3102.

Sincerely,

Robert B. Swierupski

Director

National Commodity Specialist Division