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NY M80350




March 15, 2006

CLA-2-39:RR:NC:N2:221 M80350

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0085

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

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

Dear Mr. Kavanaugh:

In your letter dated February 3, 2006, on behalf of Duro Bag Manufacturing, Kentucky, you requested a tariff classification ruling.

The samples submitted with your request are polyethylene retail carrier bags (PRCBs) with rope handles. The bags are made of polyethylene with a high percentage of inorganic mineral powder consisting of calcium carbonate, titanium dioxide, silicon dioxide and clay. You describe this material as rich mineral paper. This type of material is also referred to as synthetic paper. The bags are used as point of sale packaging and are given away with the item purchased. The bags are typically printed with the store logo.

This office agrees with your claim that these merchandise bags are not classifiable with the bags of heading 4202 of the Harmonized Tariff Schedule of the United States (HTSUS) since they are not substantially constructed and are not designed for prolonged use. You suggest possible classification in heading 6815 as articles of mineral substances. However, the mineral powder is considered to be merely a filler for the polyethylene resin.

The applicable subheading for the retail carrier bags will be 3923.21.0085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plasticssacks and bags (including cones): of polymers of ethyleneother: 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 have asked 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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