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NY K83937





March 19, 2004
CLA-2-39:RR:NC:SP:221 K83937

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. Ben L. Sims
Norman G. Jensen, Inc.
P.O. Box 3789
Blaine, WA 98231-3789

RE: The tariff classification of plastic bags from China.

Dear Mr. Sims:

In your letter dated March 1, 2004, on behalf of Classic Packaging, you requested a tariff classification ruling.

Two samples were provided with your letter. Both bags are composed of clear polyethylene plastic sheeting. These bags are not printed and do not have handles or closures. The smaller bag measures 5 inches by 7 inches. The larger bag measures 13 by 17 inches. Both bags are 1.5 mils in thickness. These bags will be used to transport products between a warehouse and store.

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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