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NY D82884

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November 2, 1998

CLA-2-39:RR:NC:SP:221 D82884

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.29.0000

Mr. Nick DeMarco
K.C. Burdette Company, Inc.
45 John Street, Suite 903
New York, NY 10038

RE: The tariff classification of the "Scoopex" pooper scooper bag from Indonesia.

Dear Mr. DeMarco:

In your letter dated October 2, 1998, on behalf of PackAge Limited, you requested a tariff classification ruling.

The Scoopex pooper scooper bag is composed of an unspecified plastics film. The bag has a cardboard header. The essential character is imparted by the plastic.

The applicable subheading for the pooper scooper bag, if 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. The duty rate will be 3 percent ad valorem.

The applicable subheading for the pooper scooper bag, if 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 duty rate will be 3 percent ad valorem.
Articles which are classifiable under subheading 3923.21.0090 or 3923.29.0000, HTS, which are products of Indonesia, 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 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,

Robert B. Swierupski
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