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NY M85695




August 29, 2006

CLA-2-39:RR:NC:N2:221 M85695

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0095

Mr. Matthew Clark
Schenker Incorporated
990 E. 233rd Street
Carson, CA 90745

RE: The tariff classification of a polyethylene packaging bag from China.

Dear Mr. Clark:

In your undated letter on behalf of USA Zama Inc., which was received in this office on August 16, 2006, you requested a tariff classification ruling.

The sample submitted with your request is a small polyethylene bag with heat sealed seams. The bag measures 5 inches in length and 4 inches in width and has no gusset, no closure and no handles. It is printed on one side with the importer’s logo and is printed with an ink stripe at the top of the bag to denote the open side. The bag will be used as packaging for a small carburetor.

The applicable subheading for the polyethylene packaging bag 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 ethyleneother. 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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