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NY K85449




May 4, 2004
CLA-2-39:RR:NC:SP:221 K85449

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Ms. Louise Megale
Patrick Powers Customs Brokers, Inc.
27 Blake Avenue
Lynbrook, NY 11573

RE: The tariff classification of polyethylene bags from China.

Dear Ms. Megale:

In your letter dated April 21, 2004, on behalf of BHS International Inc., you requested a tariff classification ruling.

The sample provided with your letter is an unprinted bag with heat sealed seams. The bag is composed of translucent “frosted” polyethylene plastic sheeting and has handles of the same material. The bag measures approximately 7 inches in height by 7 inches in width. The bag has gussets and measures approximately 2 inches in depth. You state that drug companies will provide the bags to patients along with free samples of medications.

The applicable subheading for the 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.

In your request you have asked whether this product is subject to antidumping (AD) duties. A list of AD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. You may also write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, NW, Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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