The tariff classification of a plastic vacuum bag and a nonwoven storage tote from China
Issued February 16, 2010 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3924.90.5600
Headings: 3924
GRI rules applied: GRI 3(b)
Product description
The submitted sample is identified as a plastic vacuum seal bag with storage tote. This item is comprised of a bag that is made of a transparent polyethylene (PE) plastic material. Built into the bag on one side are a one-way valve and plug that are both made of polypropylene (PP) plastic material. The bag has a zip-lock type closure at the top. Affixed to the bottom of the bag is a base that is comprised of a paperboard stiffener which is covered with grey nonwoven polypropylene fabric. The bag is imported with a foldable storage tote that measures 17 inches wide by 17 inches long by 17 inches high. The tote has a flip top lid that is attached on one side. Like the base that is attached to the bag, the tote is made of paperboard stiffeners that are covered with grey nonwoven polypropylene fabric. The base of the bag is designed to fit into the interior bottom of the tote and when so situated, anchors the bag within the tote and provides the tote with reinforcement, thereby preventing it from folding. When the bag with the attached base is removed from the tote, the tote can fold flat. Respectively attached to the exterior of two opposing sides of the tote are two fabric strap handles. The bag is designed for the purpose of storing, organizing and securing a variety of household items, including clothing, linens, pillows, etc. It has the capacity of holding up to three bedding sets and 4 pillows. When in use, the items to be stored are placed inside the bag and the bag is then sealed by means of the zip-lock type closure. Once the bag is sealed, a household vacuum cleaner can be used to remove the air through the valve that is located on the side and the valve is then closed by means of the plug. The removal of the air will condense the overall size of the bag with the various articles stored within. This allows for the storage of large household items in relatively smaller areas, thereby saving space. The bag is airtight, waterproof and reusable, as the vacuum seal
CBP rationale
up to three bedding sets and 4 pillows. When in use, the items to be stored are placed inside the bag and the bag is then sealed by means of the zip-lock type closure. Once the bag is sealed, a household vacuum cleaner can be used to remove the air through the valve that is located on the side and the valve is then closed by means of the plug. The removal of the air will condense the overall size of the bag with the various articles stored within. This allows for the storage of large household items in relatively smaller areas, thereby saving space. The bag is airtight, waterproof and reusable, as the vacuum sealed bag will protect stored contents from dirt, mildew, odor, insects and moisture. As you requested, the sample will be returned to you. This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. The bag with the attached base fits into the tote and the tote would not maintain rigidity without the base of the bag in place. Household items will be stored in the bag and the bag will be stored in the tote. As such, the bag fulfills the purpose of the item as a household storage container and the tote serves the subordinate role as a storage container for the bag. Therefore, it is the opinion of this office that the plastic vacuum bag provides the essential character of this item within the meaning of GRI 3(b). The applicable subheading for the plastic vacuum seal bag with storage tote will be 3924.90.5600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for…other household articles…of plastics. The rate of duty will be 3.4 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 on World Wide Web at http://www.usitc.gov/tata/hts/.
Full text
N092522 February 16, 2010 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5600 Mr. Steven B. Zisser, Esq. Zisser Customs Law Group Suite 114 2297 Niels Bohr Court San Diego, CA 92154 RE: The tariff classification of a plastic vacuum bag and a nonwoven storage tote from China Dear Mr. Zisser: In your letter dated January 23, 2010, on behalf of ITW Space Bag, you requested a tariff classification ruling. The submitted sample is identified as a plastic vacuum seal bag with storage tote. This item is comprised of a bag that is made of a transparent polyethylene (PE) plastic material. Built into the bag on one side are a one-way valve and plug that are both made of polypropylene (PP) plastic material. The bag has a zip-lock type closure at the top. Affixed to the bottom of the bag is a base that is comprised of a paperboard stiffener which is covered with grey nonwoven polypropylene fabric. The bag is imported with a foldable storage tote that measures 17 inches wide by 17 inches long by 17 inches high. The tote has a flip top lid that is attached on one side. Like the base that is attached to the bag, the tote is made of paperboard stiffeners that are covered with grey nonwoven polypropylene fabric. The base of the bag is designed to fit into the interior bottom of the tote and when so situated, anchors the bag within the tote and provides the tote with reinforcement, thereby preventing it from folding. When the bag with the attached base is removed from the tote, the tote can fold flat. Respectively attached to the exterior of two opposing sides of the tote are two fabric strap handles. The bag is designed for the purpose of storing, organizing and securing a variety of household items, including clothing, linens, pillows, etc. It has the capacity of holding up to three bedding sets and 4 pillows. When in use, the items to be stored are placed inside the bag and the bag is then sealed by means of the zip-lock type closure. Once the bag is sealed, a household vacuum cleaner can be used to remove the air through the valve that is located on the side and the valve is then closed by means of the plug. The removal of the air will condense the overall size of the bag with the various articles stored within. This allows for the storage of large household items in relatively smaller areas, thereby saving space. The bag is airtight, waterproof and reusable, as the vacuum sealed bag will protect stored contents from dirt, mildew, odor, insects and moisture. As you requested, the sample will be returned to you. This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. The bag with the attached base fits into the tote and the tote would not maintain rigidity without the base of the bag in place. Household items will be stored in the bag and the bag will be stored in the tote. As such, the bag fulfills the purpose of the item as a household storage container and the tote serves the subordinate role as a storage container for the bag. Therefore, it is the opinion of this office that the plastic vacuum bag provides the essential character of this item within the meaning of GRI 3(b). The applicable subheading for the plastic vacuum seal bag with storage tote will be 3924.90.5600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for…other household articles…of plastics. The rate of duty will be 3.4 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 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 Gary Kalus at (646) 733-3055. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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