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NY L80211




November 4, 2004

CLA-2-39:RR:NC:SP:221 L80211

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0011; 3923.21.0019; 3923.21.0090; 3923.29.0000

Mr. Robert Lum
Modern Technologies Group, Inc.
#1 MTG Way at Reeves Station Road
Medford, NJ 08055

RE: The tariff classification of plastic bags from China.

Dear Mr. Lum:

In your letter dated October 6, 2004, you requested a tariff classification ruling.

Seven sample plastic bags were provided with your letter. Sample 1 is identified as a T-bag. The bag is a t-shirt style merchandise bag with built-in handles. It is printed with a smiley face and the words “Thank You For Your Patronage.” This bag measures approximately 13 inches in height by 10 ½ inches in width. Sample 2 (SIN 100) is a printed shopping bag with handles that have been heat sealed onto the bag. This bag measures approximately 16 inches in height by 14 inches in width. Sample 3 (BUB-100) is a bubble wrap bag available in two sizes: 8 inches in width by 15 ½ inches in height and 18 inches in width by 23 ½ inches in height. This bag has a printed adhesive strip for sealing the bag. It does not have handles. Sample 4 (B-100) is composed of clear plastic sheeting and has a heat-sealed bottom. It is not printed and does not have handles. It will be imported in various sizes ranging from 3 inches in width by 5 inches in height to 13 inches in width by 17 inches in height. Sample 5 (ZIP-100) is composed of clear plastic sheeting. It does not have handles. It has a “ZIPLOC” ® style integral extruded closure and is available in sizes ranging from 2 inches by 2 inches to 9 inches in width by 12 inches in height. Samples 6 and 7 (GAR-100 and GAR-101) are plastic garbage bags. These bags are not printed and do not have handles.

Sample 1 (T-bag) is identified on the bottom of the bag as being made of HDPE (high density polyethylene). The types of plastic used in the other bags are not identified. Classification will depend, in part, on the type of plastic. As you requested, the samples will be returned.

The applicable subheading for Sample 1, and for Samples 2, 3, 4, 6 and 7, when composed of polyethylene plastic, 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: of polymers of ethylene, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for Sample 5 (ZIP 100), when composed of polyethylene plastic and when no single side of the bag exceeds 75 millimeters in length, will be 3923.21.0011, HTS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags: of polymers of ethylene, reclosable, with integral extruded closure: with no single side exceeding 75 millimeters. The rate of duty will be 3 percent ad valorem.

The applicable subheading for Sample 5 (ZIP 100), when composed of polyethylene plastic, and when at least one side of the bag exceeds 75 millimeters in length, will be 3923.21.0019, HTS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags: of polymers of ethylene: reclosable, with integral extruded closure: other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for any of the above bags, if composed of a plastic other than polyethylene, will be 3923.29.0000, HTS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags, other. The rate of duty will be 3 percent ad valorem.

These bags are not subject to quota or visa requirements. However, certain merchandise bags of polyethylene plastic are subject to antidumping duties (AD). 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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