CLA-2-63:OT:RR:NC:N3: 351
Ms. Alyson Schroer
Scarbrough International
7280 North West 87th Terrace, Suite 300 Kansas City, MO 64153
RE: The tariff classification of a woven polypropylene bag from Thailand
Dear Ms. Schroer:
In your letter dated June 9, 2023, you requested a tariff classification ruling on behalf of your client, Central Star Packaging Solutions. A sample of the polypropylene bag and its individual constituent material were provided to this office and will be retained for training purposes.
The sample, described as a “DFOM Heat Sealable Bag,” is a bag designed for the conveyance and packaging of pet food, animal feed, ingredients, and dried milk powder. The bag is comprised of four layers; 100 percent woven polypropylene strip laminated with 100 biaxially oriented polypropylene (BOPP) printed film; an outer layer of 100 percent polypropylene (PP) clear plastic film laminated to the BOPP film; and an inner layer of 100 percent PP clear plastic film heat sealed to the polypropylene strips. The sample bag measures 17 ¾ inches in length by 33 inches in width with 6-inch side gussets, has an open top, and features red and white printed graphics. The bag weighs less than 1 kilogram. You state the bag is available in different sizes and colors, however, different SKU numbers delineate the combination of size and graphics of the bag.
The polypropylene strips do not exceed 5 millimeters (mm) in width and thus meet the width requirement of Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS). This construction is considered a textile fabric for tariff purposes.
The applicable subheading for the “DFOM Heat Sealable Bag,” printed with 1 or 2 colors will be 6305.33.0060, HTSUS, which provides for “Sacks and bags, of a kind used for the packing of goods, Other, of polyethylene or polypropylene strip or the like, Other: Weighing less than 1 kg, with an outer laminated ply of plastics sheeting: Other.” However, the applicable subheading for the “DFOM Heat Sealable Bag,” printed with 3 or more colors will be 6305.33.0040, HTSUS, which provides for “Sacks and bags, of a kind used for the packing of goods, Other, of polyethylene or polypropylene strip or the like, Other: Weighing less than 1 kg, with an outer laminated ply of plastics sheeting: Printed with three or more colors.” The rate of duty will be 8.4 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 at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Kristine Dodge at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division