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NY 816801




December 5, 1995

CLA-2 RR:NC:TP:221 816801

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. Mouhammad Haitham Saryoul
Horizons Plus
P.O. Box 83020
Milwaukee, WI 53223

RE: The tariff classification of polyethylene bags from Syria.

In your letter dated November 24, 1995, you requested a tariff classification ruling.

The polyethylene plastic bags are used by grocery and convenience stores to package goods. These bags are flimsily constructed and are generally known as produce or merchandise bags.

The applicable subheading for the polyethylene 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.

You have also inquired about the country of origin marking requirements. Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported.

Section 134.24(b), Customs Regulations [19 CFR 134.24(b)], provides that disposable containers, not designed for or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container which reaches the ultimate purchaser.

In this instance, the convenience and grocery stores are considered to be the ultimate purchasers of the bags. Therefore, the bags may be excepted from individual marking provided the shipping containers in which they are imported are marked to indicate the country of the produce bags, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchasers unopened.

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 or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Joan Mazzola at 212-466-5580.

Sincerely,

Roger J. Silvestri
Director
National Commodity

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