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NY 892619




December 7, 1993

CLA-2-39:S:N:N6:221 892619

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Ms. Carol Scimeca
Yusen Air & Sea Service
Hook Creek Blvd. & 145th Avenue
Building C-3
Valley Stream, NY 11581

RE: The tariff classification of plastic/aluminum bags from Japan.

Dear Ms. Scimeca:

You have forwarded a letter dated November 16, 1993, in which your client, Mitsubishi International Corporation, requests a tariff classification ruling.

The sample submitted with the request is a bag made of a laminate of aluminum foil and plastic film. The bag is used as a container for electronic devices. Electronic devices are placed in a tube. The tube is placed in the bag, which is then heat sealed and placed in a box for shipping.

Item L539/L540 is a bag made from a material described as FM- 15AL. Item L533 is a bag made from a material described as FM- 15AL #120. Material FM-15AL consists of a layer of aluminum foil measuring 12 microns in thickness, laminated on one side with polyester film measuring 12 microns in thickness and polyethylene film measuring 20 microns in thickness, and on the other side with a layer of anti-static polyethylene film measuring 55 microns in thickness. Material FM-15AL #120 consists of a layer of aluminum foil measuring 12 microns in thickness, laminated on one side with polyester film measuring 50 microns in thickness and on the other side with anti-static polyethylene film measuring 55 microns in thickness. Both materials include a top coating of electric conductive carbon measuring 1 micron in thickness. The essential character of both materials is imparted by the plastics.

The applicable subheading for the plastic/aluminum bags will be 3923.21.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics...sacks and bags, of polymers of ethylene, other. 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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