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NY H81197




June 5, 2001

CLA-2-39:RR:NC:SP:222 H81197

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Andrea Miller
Costco Wholesale
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of plastic bags from China.

Dear Ms. Miller:

In your letter dated May 9, 2001, you requested a tariff classification ruling.

The submitted samples are called “Pop-up Leaf Bags”. They are composed of poly vinyl chloride material that has been coated on both sides with plastic. They will be imported in two sizes, small and large. The small bag measures 46 by 40 centimeters. We did not receive the measurements for the larger size. The bags are designed with two webbed handles, one on each side at the top. These bags are made with a built-in thin metal spring that extends around the bag. The springs allow the bags to stand open for use. The springs are covered with strips of woven polyester fabric. The handles are used for easy lifting and emptying. These bags can be used in and around the home for gardening, storage, recreation or recycle items. The bags can be folded for compact storage.

The samples are returned as you requested.

The applicable subheading for the plastic “Pop-up Leaf Bags” will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: other, other. The rate of duty will be 3.4 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 Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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