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NY K84934




April 20, 2004
CLA-2-39:RR:NC:SP:221 K84934

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

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

RE: The tariff classification of plastic bags from China.

Dear Mr. Tam:

In your letter dated April 1, 2004, on behalf of A.C.T. Logistics Inc., you requested a tariff classification ruling.

The sample provided with your letter consists of merchandise bags composed of low density polyethylene plastic sheeting. The bags measure approximately 11 inches in height, 6 ½ inches in width, and are said to be 1.5 mils in thickness. The bags are unprinted and do not have handles or any closures. They are imported as a unit of ten bags secured together at the top. There are two holes punched through the top to allow the 10-bag unit to be hung from a display rack. The bags are perforated all along the width at a point 1½ inches from the top, and are designed to be pulled off individually. 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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