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HQ 082659

February 27, 1990
CLA-2 CO:R:C:G: 082659 SLR

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.00

William J. Marston
U.S. Carriage International, Inc.
11938 Waveland Avenue
Franklin Park, IL 60131

RE: Classification of plastic patient belonging bags

Dear Mr. Marston:

This ruling is in response to your letter of June 16, 1988, on behalf of your client, Cypress Medical Products, requesting the classification of plastic tote bags under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was provided for our examination.

FACTS:

This inquiry involves polyethylene plastic bags given to patients to store personal belongings during a hospital stay. Upon discharge, patients can use the bags to transport their belongings back home.

The submitted sample is a shopping tote. It resembles the merchandise in issue in that it is made of polyethylene plastic and has four grummets at the top opening. While the patient bags reportedly include handles, one has not been forwarded with the sample.

ISSUE:

What is the proper classification of plastic patient belonging bags under the HTSUSA?

LAW AND ANALYSIS:

Classification of products under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides tht classification is determined according to the terms of the headings and any relevant section or chapter notes.

Here, two headings may apply to the merchandise in issue: 3923, articles for the conveyance or packing of goods; and 4202,
travel bags, toiletry bags...handbags, shopping bags and similar containers. Note 2(a) to Chapter 42, however, specifies that heading 4202 does not cover "[b]ags made of plastic sheeting, whether or not printed, with handles, not designed for prolonged use (heading No. 39.23)."

The bags under consideration are of a single thickness of plastic film. They are not substantially constructed and, most likely, will not be reused.

As the above chapter note excludes 4202 from our analysis, it directs our efforts to heading 3923. Explanatory Note 39.23 provides that heading 3923 covers all articles of plastic commonly used for the packing or conveyance of all kinds of products. The articles covered include containers such as boxes, cases, crates, and sacks and bags (including cones and refuse sacks).

HOLDING:

The patient belonging bags are classifiable under subheading 3923.21.00, HTSUSA, as articles for the conveyance or packing of goods, of plastic, sacks and bags, of polymers and ethylene, dutiable at 3 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division


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