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NY M84705




July 18, 2006

CLA-2-39:RR:NC:SP:221 M84705

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0095

Ms. Jane Gohar
Superior Brokerage Services, Inc.
2945 Lone Oak Drive
Eagan, MN 55121

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

Dear Ms. Gohar:

In your letter dated June 22, 2006, on behalf of Berg Bag Company, you requested a tariff classification ruling.

A sample was provided with your letter. The bag is composed of high-density polyethylene plastic sheeting. It measures approximately 10 inches in width by 21½ inches in length and has a 2½ inch bottom gusset. The bag does not have handles. It will be used to package feed for rabbits, guinea pigs and other small animals, and is printed with product information.

The applicable subheading for the packaging bags will be 3923.21.0095, 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: other. 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/.

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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