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NY K82383





January 22, 2004
CLA-2-39:RR:NC:SP:221 K82383

CATEGORY: CLASSIFICATION

TARIFF NO. 3923.21.0090

Mr. Bruce D. Roberts
Eagle Global Logistics
2330 N.W. 82nd Avenue
Miami, FL 33126

RE: The tariff classification of a plastic shopping bag from China.

Dear Mr. Roberts:

In your letter dated January 8, 2004, on behalf of your client Ameripacking Inc., you requested a classification ruling.

The submitted sample is a plastic shopping bag constructed of 100% polyethylene (PE) material. The color of the bag interior is red and the exterior is black with white and red letters printed thereon. Two red braided textile cords function as the carry handles. The bag measures approximately 13-3/4 inches in height by 17-1/4 inches wide by 6-1/2 inches deep. The bag has heat sealed seams and is not designed for prolonged use.

The applicable subheading for the plastic shopping bag 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.

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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