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NY L80861




December 1, 2004

CLA-2-39:RR:NC:SP:221 L80861

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. Robert E. Haspray
Deringer Logistics Consulting Group
1 Lincoln Blvd. Suite 225
Rouses Point, NY 12979

RE: The tariff classification of bulk container liner bags from China.

Dear Mr. Haspray:

In your letter dated November 9, 2004, on behalf of Powertex, Inc., you requested a tariff classification ruling.

The product is described as a bulk container liner bag designed for the shipping of dry, flowable bulk commodities. The bag will be made from clear polyethylene strips measuring less than 5 mm in width. The strips are woven and then coated on both sides with white polyethylene coating forming 2 mm thick exterior layers. A sample swatch of the coated fabric was submitted with your request. The plastic layers are visible to the naked eye other than merely by change in color. This type of construction is classified with plastics of chapter 39.

The applicable subheading for the container liner 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. The rate of duty will be 3 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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