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NY 893929




February 3, 1994

CLA-2-39:S:N:N6:221 893929

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. Peter K. Schlesinger
Atlantic Customs Brokers, Inc.
1975 Linden Boulevard
Elmont, NY 11003

RE: The tariff classification of meat and coffee bags from Colombia.

In your letter dated January 12, 1993, on behalf of Reynolds Metal Co., you requested a tariff classification ruling.

The meat and coffee bags will be imported empty and sold to wholesalers who will use them for food packaging. The meat bags are composed of a layer of nylon film and a layer of polyethylene film. The polyethylene film predominates by weight over the nylon film. The coffee bags are composed of aluminum foil covered on both sides with layers of polyester and polyethylene film. The information provided with your request shows that the polyethylene and polyester films are of greater thickness than, and predominate by weight over, the aluminum foil. The polyethylene film predominates by weight over the polyester film.

The applicable subheading for the meat and coffee 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. The rate of duty will be 3 percent ad valorem.

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

You have asked whether each bag must be individually marked with the country of origin. Since the bags will be sold to wholesalers who will use them to package meat and coffee, it is not necessary to mark each bag individually, provided that the outer containers are marked so that the final purchaser, in this case the wholesaler who packages the meat or coffee, will know the country of origin.

You have also inquired about Food and Drug Administration requirements. You may contact the Food and Drug Administration at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

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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