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NY 850752


April 11, 1990

CLA-2-39:S:N:N3D:221 850752

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0050; 3923.29.0000

Mr. Matthew Chang
Assistant Vice President
C. Itoh & Co. (America) Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of a "Fluid-Bag" from Finland.

Dear Mr. Chang:

In your letter dated March 27, 1990, you requested a tariff classification ruling.

The "Fluid-Bag" is a disposable container for the transport of non-hazardous liquids in a sanitary manner. You expect it to be used for products such as fruit juices and fruit concentrates. The product consists of a substantially constructed plastic bag on a wood pallet with wood and steel structural supports. It will be imported in a knocked-down condition and assembled at the user's plant where filling will take place. The bags themselves consist of two layers, an outer layer of 3-ply polypropylene, and an inner layer of 3-ply polyethylene. The complete unit weighs approximately 30 kilograms.

The applicable subheading for the Fluid-Bag, when the plastic bag is in chief weight of the polyethylene, will be 3923.21.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods...sacks and bags...of polymers of ethylene. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the Fluid-Bag, when the plastic bag is in chief weight of the polypropylene, will be 3923.29.0000, HTS, which provides for articles for the conveyance or packing of goods...sacks and bags...of other plastics. The rate of duty will be 3 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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