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NY 893137

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December 23, 1993

CLA-2-39:S:N:N6:221 893137

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.29.0000

Mr. James L. Kinney
Kenehan International Services
6020 South Spencer Street (Suite A-1)
Las Vegas, NV 89119

RE: The tariff classification of plastic bags or pouches from Japan.

Dear Mr. Kinney:

In your letter dated December 6, 1993, on behalf of Big Dipper, Inc., you requested a tariff classification ruling.

The plastic pouches will be used to wrap meat products, and will be imported in various sizes, ranging from 6" by 8" to 22" by 34". The pouches are composed of four layers. The inside layer is composed of polyethylene. The second and fourth layers are composed of ethylene-vinyl acetate copolymer. The third layer is composed of polyvinylidene chloride. You do not state the weight of each type of plastics. The classification will be determined in part by the type of plastics which predominates by weight.

The applicable subheading for the pouches, when the combined weight of the polymers of ethylene predominates over the combined weight of the other types of plastics, 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. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the pouches, when the combined weight of the other plastics predominates over the combined weight of the polymers of ethylene, will be 3923.29.0000, HTS, which provides for articles for the conveyance or packing of goods, of plastics, sacks and bags, 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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See also:

• Tariff No.: 3923.21.00 - Sacks and bags (including cones) for the conveyance or packing of goods, of polymers of ethylene
• Tariff No.: 3923.29.00 - Sacks and bags (including cones) for the conveyance or packing of goods, of plastics other than polymers of ethylene