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NY K82757




February 10, 2004
CLA-2-39:RR:NC:SP:221 K82757

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.21.0019; 3923.29.0000

Mr. Stanley Tam
Annie Chik (CHB)
147-39 175th Street, Room #217
Jamaica, NY 11434

RE: The tariff classification of plastic bags from China, Malaysia and Indonesia.

Dear Mr. Tam:

In your letter dated January 26, 2004, on behalf of A.C.T. Logistics Inc., you requested a tariff classification ruling.

Three sample bags were provided with your letter. In a phone conversation with this office, you stated that all the bags are composed of polyethylene sheeting. Style #1 is a section of a roll of plastic produce bags. These bags are typically used in fruit and vegetable stores. Style #2 is a “PP” bag. It measures approximately 6 ¾ inches in width and 8 ½ inches in height. The bag has no handles or closures. Although you stated that all the bags are composed of polyethylene plastic, it is noted that “PP” is a common designation for polypropylene. The classification of the PP bag will depend, in part, on the type of plastic it is composed of. Style #3 is a plastic reclosable bag for packaging food. It measures approximately 8 ¼ inches in width by 9 inches in height. As you requested, the samples will be returned.

The applicable subheading for the produce bags (Style #1) and the PP bags (Style #2), provided the PP bags are 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 PP bag (Style #2), if it is composed of polypropylene, 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.

The applicable subheading for the reclosable bags (Style #3), will be 3923.21.0019, HTS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene: reclosable, with integral extruded closure: 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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