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NY N023484

March 5, 2008



TARIFF NO.: 6305.33.0080, 6305.39.0000

Ms. Annie Chang
Agribag, Inc.
1401 Factor Ave.
San Leandro, CA 94577

RE: The tariff classification of sacks from China

Dear Ms. Chang:

In your letter dated Feb. 8, 2008, you requested a tariff classification ruling. The samples which you submitted were examined and disposed of.

You submitted seven sacks. (In the future, please limit your requests to no more than five samples.) Samples 1-4 are 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).

Samples 1 and 2 are made of woven textile fabrics not coated or laminated. Samples 3 and 4 have a lamination on the outer surface only with plastic coating that is not visible to the naked eye; this construction is considered a textile fabric for tariff purposes. The bags range in size from 21” x 40” to 22” x 24” x 7” and weigh between 72 grams and 100.5g.

The applicable subheading for samples 1-4 will be 6305.33.0080, 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. The rate of duty will be 8.4% ad valorem.

Samples 5, 6, and 7 are made of polypropylene yarns in a leno weave. Each bag contains a printed brand label. These bags measure from 11” x 21” to 19” x 32” and weigh between 25g and 66g.

The applicable subheading for samples 5, 6, and 7 will be 6305.39.0000, HTSUS, which provides for sacks and bags, of a kind used for the packing of goods: of man-made textile materials:other. The rate of duty will be 8.4% ad valorem.

Both subheadings 6305.33.0080 and 6305.39.0000 fall within textile category 669. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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/.

You have asked whether these products are 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”) or you may call them at 202-482-0984. 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.


Robert B. Swierupski

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