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NY K89167




September 17, 2004
CLA-2-39:RR:NC:SP:221 K89167

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.29.0000

Mr. Stephen Lui
Luen Fai Plastic Bag Ltd.
Room 908-908-A, 9/Fl
Lai Sun Commercial Centre
680 Cheung Sha Wan Road
Kowloon, Hong Kong

RE: The tariff classification of polyethylene and polypropylene shopping bags from Hong Kong.

Dear Mr. Lui:

In your letter dated August 26, 2004, you requested a tariff classification ruling.

Samples were not provided with your letter. The bags are said to be composed of polyethylene and polypropylene plastic. It is not clear from your letter if any of the bags are composed of both polyethylene and polypropylene plastic. If any of the bags are composed of both types of plastic, then the classification is in accordance with the type of plastic that predominates by weight. That is, for example, a bag composed of both polyethylene and polypropylene plastic would be classified in the provision for polyethylene bags if the polyethylene predominates by weight over the polypropylene.

The applicable subheading for the polyethylene shopping 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.

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

You have inquired about other duties as well. It appears that you may be referring to antidumping (AD) duties. These polyethylene shopping bags, or any retail carrier or shopping bags in which polyethylene predominates by weight over the other types of plastic, might be subject to antidumping duties if they are made in China, Thailand or Malaysia. 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.

You have also inquired about the party responsible for the payment of duties. The importer of record is responsible for paying all duties, including any antidumping duties.

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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