The tariff classification of a plastic and textile wire frame bag from China

N273547 March 29, 2016 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5650 Ms. Linda M. Rasco Metro Custom Brokers Inc. 1 Lincoln Boulevard Suite 202 Rouses Point, NY 12979 RE: The tariff classification of a plastic and textile wire frame bag from China Dear Ms. Rasco: In your letter dated February 8, 2016, on behalf of Improspex Inc., you requested a tariff classification ruling. The submitted sample is identified as a wire frame vinyl front bag, style# WFBK35-13-3. This item is a rectangular shaped bag with rounded corners that is designed to be used for retail packaging for new pillows which are not included with the importation. The front of the bag is made of clear vinyl plastic sheeting material and has a front pocket that is designed for pillow literature. The words “Blu Sleep Products” is printed on the front clear plastic sheeting in blue lettering. The back of the bag is made of a blue non-woven polypropylene textle fabric which is 90 grams per square meter. The bag has a wire frame around the front material and another one around the back material and both frames are covered with non-woven textile material. Three of the four sides are made of plastic and the fourth side is made of non-woven textile. There is a zipper closure around three of the four sides near the front of the bag. A textile fabric carrying strap is attached through two eyelets with metal gromets at the top. The submitted sample measures approximately 22.75” by 16.25” by 3.25” in depth. However, you have stated that the actual bag that will be imported measures approximately 35” by 13.75” by 3.5” in depth but is made of the same materials as the submitted sample and that the plastic material is 14 gauge in thickness. This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. The plastic material cover the front of the bag and three of the four sides. It is transparent to allow for the easy viewing of contents that will be packaged in the bag after importation. Therefore, it is the opinion of this office that the plastic material provides this item with the essential character within the meaning of GRI 3(b). Although this item will be used for the packaging of pillows to be sold at retail, it is of sturdy construction, contains a zipper that will withstand many uses and the plastic is of a gauge sufficient to resist rips and tears. This item is not the type of bag ordinarily discarded after the contents have been utilized. Rather, it is the type of durable bag that is suitable for reuse and therefore is of the class or kind of merchandise that is principally sold as a household storage bag. The applicable subheading for style# WFBK35-13-3 will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for for…other household articles…of plastics: other: other…other. 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 [email protected]. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division