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NY M83580





May 30, 2006

CLA-2-39:RR:NC:SP:221 M83580

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.29.0000

Ms. Francine Hinds
JAV International Inc.
500 Ocean Avenue
East Rockaway, NY 11518-1235

RE: The tariff classification of a vinyl packing bag from China.

Dear Ms. Hinds:

In your letter dated May 11, 2006, on behalf of the Frenz Group, you requested a tariff classification ruling.

A sample was provided with your letter. Item #KC0136 is a clear polyvinyl chloride (PVC) pouch or bag that will be used for packaging. The pouch is approximately 8.5 inches by 5 inches with 1-inch gussets on the side and bottom. The pouch has an open top with a cutout window on each side. There is no means to close the bag. The seams are heat-sealed.

The applicable subheading for the PVC pouch will be 3923.29.0000, 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 other plastics. 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/.

You have also asked for a classification ruling for Items #KC0933, FZ2125Z and TC2515B. Before we can issue a ruling for these items, we need a sample of each. If you decide to resubmit your request for these items, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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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