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NY G83541




November 7, 2000

CLA-2-39:RR:NC:SP:221 G83541

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0019

Mr. Robert Levy
Building Better Solutions Group, Inc.
405 Tarryton Road, #420
White Plains, NY 10607

RE: The tariff classification of polyethylene bags from China.

Dear Mr. Levy:

In your letter dated October 16, 2000, you requested a tariff classification ruling.

Samples were provided with your letter. The polyethylene bags measure 3 inches by 2 inches and are reclosable. The bags will be used for carrying pills or vitamins while away from the home. The bags, however, are of the kind that is principally used to package goods.

The applicable subheading for the bags will be 3923.21.0019, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene, reclosable, with integral extruded closure, other. The rate of duty will be 3 percent ad valorem.

You have also asked about the country of origin marking requirements.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304), requires that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Section 134.1(d), Customs Regulations [19 C.F.R. §134.1(d)], defines "ultimate purchaser" as "generally the last person in the United States who will receive the article in the form in which it was imported."

The pill bags will be sold to retail customers in units of 100 which are packaged in a reclosable polyethylene bag. The retail customer is considered to be the ultimate purchaser of the pill bags. Therefore, it is not necessary to mark each bag individually provided that the reclosable polyethylene bag which holds the units of 100 pill bags is permanently, legibly and conspicuously marked to indicate the country of origin.

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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