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NY 809676





May 4, 1995

CLA-2-39:S:N:N6:221 809676

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. John H. Qualey
Rogers & Brown Custom Brokers, Inc.
2 Cumberland Street (29401)
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of merchandise bags from Malaysia.

Dear Mr. Qualey:

In your letter dated April 4, 1995, on behalf of Pagoda Enterprises, you requested a tariff classification ruling.

The merchandise bags are composed of 50 percent high density polyethylene and 50 percent low density polyethylene plastic sheeting. They will be used at supermarket checkout counters.

The applicable subheading for the merchandise 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 duty rate will be 3 percent ad valorem.

Articles classifiable under subheading 3923.21.0090, HTS, which are products of Malaysia are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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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