CLA-2-42:OT:RR:NC:N4:441
Robert Doyle
Affliated Customs Brokers Limited
411, rue des Recollets
Montreal, QC
H2Y 1W3
RE: The tariff classification of produce bags from China
Dear Mr. Doyle:
In your letter dated April 20, 2011, you requested a tariff classification ruling on behalf of your client, Groupe International Travelway, Inc. Your sample will be returned to you.
The samples were submitted without a style number. The items are produce bags constructed with an outer surface of polyethylene terephthalate (PET) textile material. The bags will be sold in a set of four pieces, three of which have open tops, with the remaining one having a drawstring closure. Each is designed to provide protection, portability, organization, and storage to grocery items and other personal effects during travel. The bags have a main storage compartment with no additional features. They are of a durable construction, and suitable for prolonged use. Three of the bags each measure approximately 10” (W) x 10.5” (H) and the drawstring bag measures approximately 6.5” (W) x 6.5” (H).
You ask if these bags may be classified in subheading 5608.19.2090 Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Knotted netting of twine, cordage, or rope; . . other made up nets, of textile materials: Of man-made textile materials: Other: Other: Other.” However, any item in heading 5608 must be made of knotted netting of heading 5608 or a net fabric of heading 5804; these bags are made of warp knit fabric of heading 6005. You also ask if these bags can be classified in heading 6305, HTSUS, which provides for sacks and bags, of a kind used for the packing of goods. Please note that the bags of heading 6305 are used for the packing of commercial goods for transport, storage or sale, not for purchases at retail.
The applicable subheading for the produce bags will be 4202.92.3031, HTSUS, which provides for travel, sports, and similar bags, with outer surface of man-made textile materials. The duty rate will be 17.6% 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/.
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 Vikki Lazaro at (646) 733-3041.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division