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NY B84745




May 7, 1997

CLA-2-39:RR:NC:2:221 B84745

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.29.0000

Ms. Silvia Perez
M.G. Maher & Company, Inc.
One Canal Place
Suite 2100
New Orleans, LA 70130

RE: The tariff classification of plastic bags from China.

Dear Ms. Perez:

In your letter dated April 23, 1997, on behalf of Aldan International, Inc., you requested a tariff classification ruling.

Two sample plastic bags, along with some items with which the bags will be packaged, were submitted with your letter. The bags will be imported empty and used to package gift sets. The bags are composed of a flimsy plastics material, and are disposable. The type of plastic of which the bags are composed was not stated in your letter. As you requested, your samples are being returned.

The applicable subheading for the plastic bags, when composed of polyethylene, 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.

The applicable subheading for the plastic bags, when composed of a plastics material other than polyethylene, 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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