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NY M80429




February 27, 2006

CLA-2-39:RR:NC:SP:221 M80429

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0085

Ms. Linda Chen
Star International Customs Broker & Freight Forwarder, Inc. 385 Oyster Point Blvd., 9B
South San Francisco, CA 94080

RE: The tariff classification of polyethylene drawstring bags from China.

Dear Ms. Chen:

In your letter dated January 18, 2006, on behalf of Pan Pacific Plastics Mfg., Inc., you requested a tariff classification ruling.

Samples were provided with your letter. The bags are said to be composed of low-density polyethylene plastic sheeting. The bags have cotton drawstrings, and will be imported in sizes ranging from 3 inches by 5 inches to 15 inches by 18 inches. Item S-2702 measures 3 inches by 5 inches. Item S-2703 measures 4 inches by 6 inches. Item S-2704 measures 5 inches by 8 inches. Item S-2705 measures 6 inches by 10 inches. Item S-2706 measures 8 inches by 10 inches. Item S-2707 measures 9 inches by 12 inches. Item S-5371 measures 9.5 inches by 14 inches. Item S-2910 measures 12 inches by 18 inches. Item S-5372 measures 15 inches by 18 inches. The bags are clear and are not printed. They can be used to hold products, samples and instructions. They are of flimsy construction, measuring approximately 2 mils in thickness, with heat sealed seams. The bags are not designed for prolonged use.

The applicable subheading for the polyethylene drawstring 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 plastics: sacks and bags (including cones): of polymers of ethylene 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.

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/.

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.

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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