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NY L85162




June 7, 2005

CLA-2-39:RR:NC:SP:221 L85162

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a plastic shopping bag from China.

Dear Mr. Crago:

In your letter dated May 18, 2005, you requested a tariff classification ruling.

A sample was provided with your letter. The shopping or retail carrier bag (Item Number C062CA01690) is composed of polyethylene plastic sheeting said to be 0.08 millimeter in thickness. The bag is approximately 20 inches in height and 13 inches in width with 5 inch side gussets. The bag has no bottom gusset, but has a cardboard insert at the bottom for support. The bag is printed and has a plastic handle. As you requested, the sample will be returned.

The applicable subheading for the shopping or retail carrier bag 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 plasticssacks and bags, of polymers of ethyleneother. The rate of duty will be 3 percent ad valorem.

Polyethylene shopping bags from China may be subject to antidumping (AD) duties. 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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