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NY K85932




May 24, 2004
CLA-2-39:RR:NC:SP:221 K85932

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.29.0000

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

RE: The tariff classification of a plastic bag from China.

Dear Ms. Chik:

In your letter dated May 5, 2004, on behalf of A.C.T. Logistics Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The bag is said to be composed of polypropylene plastic sheeting. The bag measures approximately 9 ½ inches in height and 7 ¾ inches in width, and has a cutout handle. As you requested, the sample will be returned.

The applicable subheading for the polypropylene bags will be 3923.29.0000, 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 other plastics. 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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