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NY I80184

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April 15, 2002

CLA-2-39:RR:NC:SP:221 I80184

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.29.0000

Ms. Louise Megale
Patrick Powers Custom Brokers Inc.
27 Blake Avenue
Lynbrook, NY 11563-2505

RE: The tariff classification of plastic bags from Taiwan or China.

Dear Ms. Megale:

In your letter dated March 22, 2002, on behalf of BHS International, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The bag is composed of flimsy plastic sheeting with a heat sealed bottom seam. The bag has a cutout handle, and measures approximately 11 inches in height by 8 ½ inches in width by 2 inches in depth. It is said that the bag will be used to hold promotional items at exhibits. You did not state the type of plastic the bag is composed of.

The applicable subheading for the bag, if composed of polyethylene, 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 bag, if 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, 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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See also:

• Tariff No.: 3923.21.00 - Sacks and bags (including cones) for the conveyance or packing of goods, of polymers of ethylene
• Tariff No.: 3923.29.00 - Sacks and bags (including cones) for the conveyance or packing of goods, of plastics other than polymers of ethylene