The tariff classification of a woven polypropylene/polyethylene cover from British Columbia and Nova Scotia

N213342 May 3, 2012 CLA-2-46:OT:RR:NC:2:230 CATEGORY: Classification TARIFF NO.: 4602.90.0000 Ms. Colleen Campbell Intertape Polymer Group 17 Beachgrove Cres. Stoney Creek, Ontario Canada L8J 2N8 RE: The tariff classification of a woven polypropylene/polyethylene cover from British Columbia and Nova Scotia Dear Ms. Campbell: In your letter dated March 29, 2012, you requested a tariff classification ruling. The ruling was requested on a woven polypropylene/polyethylene cover marketed by your firm under the name “Finger Joint Bag”. A representative sample was submitted for our review. The cover consists of flat, closely woven white polypropylene/polyethylene strips which you state in your letter measure 5.1 mm or greater in width. The cover is coated on both sides. Three sides of the cover are sewn together with a nylon thread leaving the fourth side open. You state that the product will be imported and sold as individual covers. The polypropylene/polyethylene strip from which the cover is constructed constitutes “plaiting materials” as set forth in Chapter Note 1 of Chapter 46, Harmonized Tariff Schedule of the United States (HTSUS), which states as follows: In this chapter the expression “plaiting materials” means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattans, rushes, reeds, strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or other strips obtained from broad leaves), unspun natural textile fibers, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or nonwovens, human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of chapter 54. General Explanatory Note 3 to Chapter 46 specifically includes plastic strip exceeding 5mm in width. Because the cover is an item made directly to shape from plaiting materials, it is classifiable in heading 4602, HTSUS. The applicable subheading for the woven polypropylene/polyethylene cover will be 4602.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: Other (than of vegetable materials). The rate of duty will be 3.5 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 Laurel Duvall at (646) 733-3035. Sincerely, Thomas J. Russo Director National Commodity Specialist Division