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NY K85480




May 12, 2004
CLA-2-39:RR:NC:SP:221 K85480

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. Kyung Wook Heou
Daeil USA, Inc.
27 B Poplar Street
East Rutherford, NJ 07073

RE: The tariff classification of polyethylene merchandise bags from China.

Dear Mr. Heou:

In your letter dated April 21, 2004, you requested a tariff classification ruling.

Six sample bags were provided with your letter. All are composed of polyethylene plastic sheeting, and all are printed with product or store information. All except the wicket bag have handles. The soft loop handle bag measures approximately 10 ¼ inches in height by 8 inches in width and has 4 inch side gussets. There are two T-shirt bags. The first measures approximately 17 inches in height by 12 inches in width and has 8 inch side gussets. The second T-shirt bag measures approximately 14 ½ inches in height by 9 ¾ inches in width and has 6 inch side gussets. The patch handle bag measures approximately 24 inches in height by 22 inches in width and has a 5 ¼ inch bottom gusset. The die-cut bag measures approximately 10 inches in height by 6 ½ inches in width and has no gusset. The wicket bag does not have handles. It measures approximately 14 ½ inches in height by 7 ½ inches in width and has a 2 ½ inch bottom gusset.

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.

Polyethylene bags from China may be 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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