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NY L83931




April 19, 2005

CLA-2-39:RR:NC:N2:221 L83931

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.29.0000

Ms. Cheryl Lynn Hoeft
Heyman Corporation
375 North Fairway Drive
Vernon Hills, IL 60061

RE: The tariff classification of PVC packaging bags from China.

Dear Ms. Hoeft:

In your letter dated March 17, 2005, you requested a tariff classification ruling.

Samples of two packaging bags were included with your request. The bags resemble envelopes or pouches and are composed of clear, unembossed polyvinyl chloride (PVC) sheeting. The smaller pouch measures 6 ½ inches by 7 ¾ inches and is 7 mils in thickness. The larger pouch measures 7 ¼ inches by 8 ½ inches and is 8 mils in thickness. Both have heat-sealed seams and snap top flap closures. A small flimsy plastic hanger is permanently heat sealed into a compartment at the top. The hanger is the type used to hang the bag onto a rack for store display. The bags are not of a kind normally sold at retail on their own but are of a kind normally sold as retail packaging with the contents. These particular bags will be used for packaging of layette garments. You have included one sample of the bag with its cardboard insert and with the layette packed inside.

The applicable subheading for the vinyl packaging bags will be 3923.29.0000, 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 other plastics. 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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