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NY K81449





December 4, 2003
CLA-2-42:RR:NC:TA:341 K81449

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060

Ms. Irene Kwok
CDP Asia LTD c/o Mr. Zakir Ally
12 W 57th Street, 5th Floor
New York, NY 10019

RE: The tariff classification of a bottle bag from China.

Dear Ms. Kwok:

In your letter dated November 18, 2003, you requested a tariff classification ruling for a bottle bag.

The sample submitted is identified as item C-88235-6 “PVC Container”. The item is a substantially constructed bottle bag designed for prolonged use. You have stated that the intended use for the bag will be to contain a bottle of perfume when sold at retail sale. It is manufactured of transparent polyvinyl chloride (PVC) sheeting. The bag is unlined and measures approximately 7 ½”(H) x 3 ½”(W) x 2”(D).

The applicable subheading for the bottle bag will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of sheeting of plastic, other, other, other. The rate of duty will be 17.8 percent ad valorem. The rate of duty for 2004 will be17.6 percent ad valorem.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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