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NY 853929

CLA-2-63:S:N:N3G:345 853929


TARIFF NO.: 6305.31.0000 or 6305.31.0000

Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
231 N. 3rd St.
Pembina, ND 58271

RE: The tariff classification of a dunnage bag from Canada.

Dear Mr. Jerome:

In your letter dated June 22, 1990, you requested a tariff classification ruling.

The sample submitted is a dunnage bag composed of a plastic liner with polyethylene woven strips as an outer cover and a fill spout or film sleeve for air inflation. It measures approximately 40" x 24". The article is used to stabilize and fill voids in containers, truck trailers, and rail cars. They are placed in empty spaces and filled with air.

The applicable subheading for the dunnage bag will be 6305.31.0000 or 6305.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles... other, other. The rate of duty will be 9.5 percent ad valorem.

Depending on the weight of the bag, the applicable subheading for the bag will be either 6305.31.0010 or 6305.31.0020 Harmonized Tariff Schedule of the United States (HTS), which provides for sacks and bags of a kind used for the packing of goods: of man-made textile materials: of polyethylene or polypropylene strip or the like. If the bag weigh one kilogram or more, 6305.31.0010, HTS, applies. If the bag weigh less than one kilogram, 6305.31.0020, HTS, applies. The rate of duty will be 9.5 percent ad valorem for both subheadings.

Goods classifiable under subheading 6305.31.0000 or 6305.31.0020, HTS, which have originated in the territory of Canada, will be entitled to a 7.6 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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