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NY N004180




December 15, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6305.33.0020

Michael Shapiro
FDD Associated, Inc.
4485 Plainfield Avenue NE
Suite 107
Grand Rapids, MI 49525

RE: The tariff classification of an unfinished bag from China

Dear Mr. Shapiro:

In your letter dated October 9, 2006, received in our office on Dec. 8, you requested a tariff classification ruling.

The submitted sample is an unfinished bag which measures approximately 15”W x 26”H and is open on both ends. It is constructed 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 fabric has a polyethylene coating on one side laminated to biaxially oriented polypropylene (BOPP) film. It is a textile fabric that is 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. This type of construction is considered a textile fabric for tariff purposes.

You indicate that it will be printed and imported as a glued tube. In the United States it will be closed at one end and sold as a bag. In its condition as imported, it possesses the essential character of a finished bag.

The applicable subheading for the unfinished bag will be 6305.33.0020, HTSUS, which provides for sacks and bags of a kind used for the packing of goods: Of man-made textile materials; of polyethylene or polypropylene strips or the like, Other. The rate of duty will be 8.4% ad valorem.

HTSUS subheading 6305.33.0020 falls within textile category 669. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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