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NY L88146




October 31, 2005

CLA-2-39:RR:NC:N2:221 L88146

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0085

Ms. Louise Megale
Patrick Powers Custom Brokers, Inc.
27 Blake Avenue
Lynbrook, NY 11563

RE: The tariff classification of retail carrier bags from China.

Dear Ms. Megale:

In your letter dated October 7, 2005, on behalf of BHS International, Maryland, you requested a tariff classification ruling.

The samples submitted with your request are polyethylene retail carrier bags packed in groups of 25 that are attached at the top with a plastic clip. A perforation along the top of the bag allows each bag to be pulled off the clip individually. The bags measure 11 inches in length at the perforation by 8 ½ inches in width and have 2 inch side gussets and no bottom gusset. They are heat sealed at the bottom and incorporate an oval cut-out carrying handle. The bags are printed with the name of a medication and are of a type given out at medical offices for holding literature, sample medications or promotional materials.

The applicable subheading for the polyethylene retail carrier bags will be 3923.21.0085, Harmonized Tariff Schedule of the United States (HTS), which provides for polyethylene retail carrier bags (PRCBs) with handles (including drawstrings), with no length or width shorter than 6 inches (152.4 mm) or longer than 40 inches (1,016 mm). The rate of duty will be 3 percent ad valorem.

In your request you ask whether this product is 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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