CLA-48-:OT:RR:NC:2:234
Ms. Yolanda Landau
Geodis Wilson, Inc.
75 Northfield Avenue
Edison, NJ 08837
RE: The tariff classification of reusable/disposable bags from Germany, Italy and Vietnam
Dear Ms. Landau:
In your letter dated May 12, 2011 you requested a tariff classification ruling on behalf of your client, Mettler Packaging.
The ruling was requested on five styles of reusable and/or disposable bags. The items are a disposable paper bag, a reusable plastic shopping bag, a reusable cooler bag, a disposable paper shopping bag and a reusable textile carrier/tote bag.
Item 1 - #178.0203.000, PL 335, is a flat, paper bag. The paper bag is made of a polyethylene (PE) coated, white bleached natron paper. The paper bag is glued on one side with an oriented polypropylene (OPP) window and printed on the opposite side with the words “The Food Emporium ® New York”. The bag folds flat and measures approximately 6.25 inches (w) x 3.5 inches (d) x 11.5 inches (h), when unfolded. The disposable paper bag is suitable for packaging food items. The country of origin of the bag is Germany.
Item 2 - #178.0210.000, PL 122, is a polyethylene shopping bag with a cut-out handle. The bag is printed with a Disney theme, Disney website addresses and the words “Disney Parks”. The plastic bag has a pleated bottom and measures 16.5 inches (w) x 20 inches (h). The plastic bag will be used to carry goods purchased at retail sale. Although the bag is capable of limited re-use by the consumer, it is not of sufficiently substantial construction so as to be suitable for prolonged use. The country of origin of the bag is Germany.
Item 3 - #178.0002.000, PL 134, is described as a low density polyethylene (LDPE) cooler shopping bag. It measures approximately 20 inches (w) x 20 (h) inches with no gusset. The bag is of a type sold for a nominal cost at supermarkets for use in carrying frozen or refrigerated foods from the place of purchase to the home. It is constructed with two layers of unreinforced, unsupported polyethylene plastic sheeting. The outer layer is printed with the words “stay cool & reuse” and the name of a grocery store chain (logo and website address). The inner layer is coated with vapor deposited aluminum particles. The bag contains no insulation, but the metallization provides a reflective surface that imparts some temperature retaining capability. The edges have been heat sealed and the top incorporates a molded plastic self-locking handle. Although the bag is capable of limited re-use by the consumer, it is not of sufficiently substantial construction so as to be suitable for prolonged use. The country of origin of the bag is Germany.
Item 4 - #178.0310.000, PL 40, is a paper shopping bag made of Clay-coated, white Kraft paper. The paper shopping bag features double corded handles attached at the top of the bag and a rectangular paperboard liner as reinforcement in the bottom of the bag. The bag folds flat and measures approximately 6.25 inches (w) x 2.75 inches (d) x 9.75 inches (h), when unfolded. The small shopping bag is printed on the exterior side panels with a Mickey silhouette and the words “Disney Cruise Line”. The Disney Cruise website address is printed on the interior top edge of the shopping bag between the carrying handles. The disposable shopping bag will be used to carry goods purchased at retail sale. The country of origin of the bag is Italy.
Item 5 - #178.0065.000, PL 27, is a shopping-style tote bag constructed of polypropylene textile material laminated on both the interior and exterior surfaces with plastic sheeting. The interior of the bag is unlined and consists of a single compartment with four separate bands into seams to hold bottles in place. The bag has an open top and double webbed carrying handles. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, groceries or personal effects during travel. The shopping bag is of a durable construction and suitable for repetitive use. It measures approximately 15 inches (w) x 8.5 inches (d) x 14 inches (h). The country of origin of the bag is Vietnam.
Samples were submitted and will be retained in this office for reference.
The applicable subheading for items 1 and 4, the flat paper bag and 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 item 2, polyethylene shopping bag, will be 3923.21.0085, (HTSUS), which provides for Articles for the conveyance or packing of goods, of plastics…sacks and bags (including cones): of polymers of ethylene…polyethylene retail carrier bags (PRCBs) with handles (including drawstrings), with no length or width shorter than 6 inches (152.4mm) or longer than 40 inches (1,016mm). The rate of duty will be 3 percent ad valorem.
The applicable subheading for item 3, cooler shopping bag, will be 3923.21.0095, HTSUS, which provides for Articles for the conveyance or packing of goods, of plastics…sacks and bags (including cones): of polymers of ethylene, other: other. The rate of duty will be 3 percent ad valorem.
The applicable subheading for item 5, the shopping-style tote bag, will be 4202.92.4500, HTSUS, which provides for Travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 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/.
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 Albert Gamble at (646) 733-3037.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division