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NY H85750




December 6, 2001

CLA-2-39:RR:NC:SP:221 H85750

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.29.0000

Ms. Sandra van der Bilt
Beijing Trade Exchange, Inc.
701 E Street, SE
Washington, D.C. 20003

RE: The tariff classification of plastic netting bags from China.

Dear Ms. van der Bilt:

In your letter dated September 13, 2001, you requested a tariff classification ruling.

A sample was provided with your letter. The bags are composed of extruded plastic netting. The bags are heat sealed at one end. They will be imported in sizes from 24 to 34 inches in length. The bags will be used to contain food products such as sausages. You did not state the type of plastic the bags are composed of.

The applicable subheading for the bags, when composed of polyethylene netting, 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 (including cones): of polymers of ethylene: other: other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the bags, when composed of a plastic 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 (including cones): 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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