CLA-2-48:OT:RR:NC:2:234
Ms. Yolanda Landau
Geodis Wilson
75 Northfield Avenue
Edison, New Jersey 08837
RE: The tariff classification of paper and plastic reusable/disposable bags from China and Vietnam
Dear Ms. Landua:
In your letter dated May 21, 2010, you requested a tariff classification ruling on behalf of your client, Mettler Packaging.
The ruling was requested on 3 styles of reusable/disposable bags. You submitted samples of each style of the reusable/disposable bags for our examination. Sample 1 is a reusable paper shopping bag constructed of art paper and polypropylene materials. The white paper bag measures approximately 18½” x 7¼” x 11½”. The subject sample is reinforced with cardboard at the bottom of the bag and at the turnover top. The paper carrier bag features two red polypropylene handles attached at the top sides of the bag. The white bag is printed on both exterior sides with the words “In & Out, Switzerland, Different beauty”.
Sample 2 is a reusable paper shopping bag constructed of coated craft paper. The two tone (blue and yellow) shopping bag measures approximately 9¾” x 4¼” x 14½”. The subject sample is reinforced with a cardboard liner at the bottom of the bag and at the turnover top. The paper carrier bag features two orange, cotton corded handles attached at the top sides of the bag. The two tone (blue/yellow) bag is printed on both exterior sides with the words “Blue House Jeans and More”. Sample 1 and Sample 2 are labeled on the bottom of each bag with the printed words, “Made in China”. When imported into the United States, if the country of origin is Vietnam, the bags must be properly marked, “Made in Vietnam”. The bags are designed for the retail customer to transport purchased items from the retail shops.
Sample 3 is identified as a Flower Sleeve. The bag is a cone shaped sleeve made of polypropylene sheeting. The bag measures approximately 20 inches long x 10 ½ inches at its widest point. You state in your letter that the flower sleeves are available in various sizes and thicknesses. The sleeves are available printed/unprinted. The disposable bag is designed for packaging cut flowers.
The applicable subheading for the white paper shopping bag will be 4819.40.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Cartons, boxes, cases, bags and other packing containers, of paper, paperboard...: Sacks and bags, having a base of a width of 40 cm or more: Other (than shipping sacks and multiwall bags, other than grocers' bags). The rate of duty will be free.
The applicable subheading for the blue/yellow paper shopping bag will be 4819.40.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers; box files, letter trays and similar articles, of paper or paperboard of a kind used in offices, shops or the like: Other sacks and bags, including cones: Other. The rate of duty will be free.
The applicable subheading for the Flower Sleeve will be 3923.29.0000, (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): 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/.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article.
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 Patricia Wilson at (646) 733-3037.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division