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NY M82056




May 8, 2006

CLA-2-39:RR:NC:SP:221 M82056

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0085

Ms. Angela Stover
Smart Practice
3400 East McDowell
Phoenix, AZ 85008

RE: The tariff classification of polyethylene bags from China.

Dear Ms. Stover:

In your letter dated March 30, 2006, you requested a tariff classification ruling.

Samples were provided with your letter. Sample 1 is a polyethylene retail carrier bag that measures approximately 9 inches by 13 inches and has a cutout handle. One version is printed with pictures of lips, hearts, and the slogan “We love your smile” repeated all over the bag. A second version is printed with pictures of teeth, toothpaste and floss, with the phrase “Smile Supplies” repeated all over the bag. Sample 2 is a polyethylene retail carrier bag that measures 7 inches by 14.5 inches. It has a cutout handle and side and bottom gussets of 4 inches. One version is printed with the name, address and phone number of a dentist. A second version is printed with a stylized paw print and the name, address and phone number of an animal health facility. Sample 3 is a polyethylene retail carrier bag that measures 8 inches by 10 inches. It has a cutout handle and side and bottom gussets of 4 inches. One version is printed with the name, address, phone number and fax number of a dentist. A second version is printed with the name, address, phone number and website of a dental group. The bags are of a type given out to patients or customers free of charge and used to hold samples, literature or purchases.

The applicable subheading for the 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: 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.

Certain polyethylene retail carrier bags are 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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