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NY K83359





March 1, 2004
CLA-2-39:RR:NC:SP:221 K83359

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. Dennis Shostak
The Paper Magic Group, Inc.
100 North Street, Suite 899C
Minneapolis, MN 55403

RE: The tariff classification of polyethylene bags from China.

Dear Mr. Shostak:

In your letter dated February 16, 2004, you requested a tariff classification ruling.

A sample was provided with your letter. The bag (Item Number 6445200) is composed of polyethylene sheeting approximately 3.35 mils in thickness. The bag measures approximately 12 inches by 17 inches by 6 inches. The bag has plastic handles that snap together to form a seal, as well as a cardboard insert at the bottom. The sample bag, which is referred to as a “candy meter bag,” is plain, but the imported bags will have Halloween symbols printed on them. As you requested, the sample will be returned.

The applicable subheading for the polyethylene bags 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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