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NY H85749




December 12, 2001

CLA-2-39:RR:NC:SP:222 H85749

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000

Ms. Sandra Van Der Bilt
Beijing Trade Exchange, Inc.
Washington, DC 20003

RE: The tariff classification of plastic bags for food preparations from China.

Dear Ms. Van Der Bilt:

In your letter dated September 13, 2001 and received in this office on November 28, 2001, you requested a tariff classification ruling.

The submitted sample is a plastic bag used for food applications such as cake decorating. Your letter of inquiry states that you plan to import this article in two sizes. The triangular shaped plastic bags will measure 10.5 inches and 20.5 inches in length.

The sample is returned as you requested.

The applicable subheading for the plastic bags used in food preparations will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles of plastics: tableware and kitchenware: Other. The rate of duty will be 3.4 percent ad valorem.

The rate of duty will remain the same for year 2002.

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 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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