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NY L80733

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December 7, 2004

CLA-2-39:RR:NC:SP:221 L80733

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.29.0000, 3920.10.0000; 3920.20.0000; 3917.32.0010; 3917.32.0050

Ms. Lyn Antunes
Norman Krieger, Inc.
5761 W. Imperial Highway
Los Angeles, CA 90045

RE: The tariff classification of plastic sheet, bags and tubes from Korea and China.

Dear Ms. Antunes:

In your letter dated October 25, 2004, on behalf of Majestic Flex Pac Inc., you requested a tariff classification ruling.

Four samples were provided with your letter. The first sample is a tubular shrink sleeve which can be made of either polyvinyl chloride (PVC), polyethylene terephthalate (PET) or polystyrene. The sleeve will form the packaging of the product inside. The second sample is a retort packaging pouch composed of four layers: 12 microns of PET, 15 microns of nylon, 9 microns of aluminum and 12 microns of polypropylene. The third sample (“Nori”) is a three-sided packaging pouch composed of PET, nylon and polypropylene. The polypropylene predominates by weight. The fourth sample is a rectangular film that will be used to construct flexible packaging bags. On some occasions the packaging bags themselves will be imported. The film is said to be composed of low-density polypropylene. The abbreviation, however, is shown as LDPE, which stands for low-density polyethylene. Classifications are provided for bags and film of polyethylene and polypropylene.

The applicable subheading for the flexible packaging bags, when composed of polyethylene, 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 retort pouches, the Nori three-sided pouches, and the polypropylene flexible packaging 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.

The applicable subheading for the plastic film, when composed of polyethylene, will be 3920.10.0000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials, of polymers of ethylene. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the plastic film, when composed of polypropylene, will be 3920.20.0000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials, of polymers of propylene. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the PVC tubular shrink sleeves will be 3917.32.0010, HTS, which provides for tubes, pipes and hoses and fittings therefor, of plastics...other, not reinforced or otherwise combined with other materials, without fittings, of polyvinyl chloride. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the PET and polystyrene tubular shrink sleeves will be 3917.32.0050, HTS, which provides for tubes, pipes and hoses and fittings therefor, of plastics...other, not reinforced or otherwise combined with other materials, without fittings, other. The rate of duty will be 3.1 percent ad valorem.

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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See also:

• Tariff No.: 3917.32.00 - Tubes, pipes and hoses, of plastics, other than rigid, not reinforced or otherwise combined with other materials, without fittings
• Tariff No.: 3920.10.00 - Nonadhesive plates, sheets, film, foil and strip, noncellular, not reinforced or combined with other materials, of polymers of ethylene
• Tariff No.: 3920.20.00 - Nonadhesive plates, sheets, film, foil and strip, noncellular, not reinforced or combined with other materials, of polymers of propylene
• Tariff No.: 3923.21.00 - Sacks and bags (including cones) for the conveyance or packing of goods, of polymers of ethylene
• Tariff No.: 3923.29.00 - Sacks and bags (including cones) for the conveyance or packing of goods, of plastics other than polymers of ethylene