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NY 864477


JUL 02 1991

CLA-2-84:S:N:N1:103 864477

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.30.9090

Mr. Lee Wright
Hamilton Beach/Proctor-Silex, Inc.
4421 Waterfront Drive
Glen Allen, VA 23060

RE: The tariff classification of a bag sealer from China

Dear Mr. Wright:

In your letter dated June 11, 1991 you requested a tariff classification ruling.

The Vac-u-Pac is an electro-mechanical appliance used in the home to seal leftover food in plastic bags. It consists of a housing containing a vacuum pump, a sealing electrode, and a holder for a continuous roll of film. The roll of plastic film consists of two layers, one on top of the other, with its longitudinal edge factory sealed. To use the Vac-u-Pac, a small length of film is pulled from the roll and the side is sealed by means of heat from the electrode. Additional material is then pulled from the roll until the desired bag size is reached, at which point it is cut off and again sealed. After the bag is filled manually, the open end is placed back in the Vac-u-Pac. The vacuum pump removes air, which would accelerate spoilage, from the bag and the electrode seals the bag. Vacuum and seal lights indicate when the operation is completed. The storage bags formed from the roll of film are boilable and microwave safe.

The applicable subheading for the Vac-u-Pac bag sealer will be 8422.30.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other machinery for filling, closing, sealing, capsuling or labeling boxes, bags or similar containers: other. The duty rate will be 3.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on replacement rolls of film. Your request for a classification ruling should include the type of plastic (i.e., polyethylene, polypropylene, etc.) of which the film is composed. If it is composed of more than one type of polymer, please show the weight of each. We are retaining the sample roll you submitted pending submission of this information.

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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