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June 18, 1999

CLA-2-39:RR:NC:SP:221 E83135

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.29.0000

Ms. Carol Ritchings
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of plastic liners (Model PB10PL) from China or Italy.

Dear Ms. Ritchings:

In your letter dated June 4, 1999, you requested a tariff classification ruling.

Sample plastic liners were provided with your letter. The liners are clear rectangular plastic bags, measuring 9 inches in width and 16 inches in length, with heat sealed bottom seams. The bags are marketed for use in the application of paraffin bath wax. After the hands are dipped in the wax, they are inserted into the plastic bags prior to putting on mitts. Although these bags will not be used to convey or package goods, these bags are of the class or kind principally used to convey or package goods. The type of plastic of which the bags are composed was not stated in your letter.

The applicable subheading for the plastic liners, when composed of polyethylene plastic, 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 liners, 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...sacks and bags, of other plastics. 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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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