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NY K89221




September 29, 2004

CLA-2-39:RR:NC:SP:221 K89221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. David McClure
American Paper & Plastic Company
19 Kiesland Court
Hamilton, Ohio 45015-1375

RE: The tariff classification of plastic bags from China.

Dear Mr. McClure:

In your letter dated September 3, 2004, you requested a tariff classification ruling.

Four sample bags were included with your letter. The bags are said to be sold in retail stores. All the bags are composed of plastic film. You did not state the type of plastic, but suggest a tariff number applicable for bags composed of polyethylene plastic. For the purposes of this ruling, it is assumed that the bags are composed of polyethylene plastic. The first sample measures approximately 14 ¼ inches in height and 4 7/8 inches in width. This bag, which has a printed design, has gussets and a plastic patch handle. The second sample measures approximately 6 ½ inches in height and 5 inches in width. This bag, which is printed with wooden soldiers, has gussets, a plastic patch handle, and a cardboard insert for support. The third sample measures approximately 10 ½ inches in height and 7 7/8 inches in width. This bag, which is printed with butterfly designs, has a plastic patch handle, gussets and a cardboard insert for support. The fourth sample is approximately 12 inches in height and 16 inches in width. It has plastic patch handles, gussets and a cardboard insert for support. This bag is printed with stars and stripes. All of these bags are of a type generally sold as gift bags.

The applicable subheading for the 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.

You request a ruling as to whether these bags are subject to antidumping duties. This office does not rule on antidumping orders. 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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