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NY M87161




October 26, 2006

CLA-2-39:RR:NC:SP:221 M87161

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0019; 3923.21.0095

Ms. Pilar Dorfman
E. Besler & Co.
115 Martin Lane
Elk Grove Village, IL 60133

RE: The tariff classification of polyethylene bags from China

Dear Ms. Pilar:

In your undated letter, received in this office on October 2, 2006, on behalf of Box Packaging Inc., you requested a tariff classification ruling.

Four sample bags were provided with your letter. All of the bags are composed of clear polyethylene plastic sheeting with heat sealed seams. None of the bags has handles. The bags are not identified with any article or sample number. For the sake of clarity, we have assigned a number to each sample. Sample 1 is a reclosable bag with an integral extruded closure. It measures approximately 3 inches in width by 4 inches in height. Sample 2 is a reclosable bag with an integral extruded closure with a slider grip feature to seal and unseal the bag. The bag measures approximately 7¼ inches in width by 6 inches in height. Sample 3 is a gusseted open top bag. It measures approximately 16½ inches in width by 36 inches in height with a 14-inch gusset. Sample 4 is a flat open top bag. It measures approximately 24 inches in width by 42 inches in height.

The applicable subheading for the reclosable bags, sample bags 1 and 2, will be 3923.21.0019, 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: reclosable, with integral extruded closure: other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the gusseted open top bags, sample 3, and for the flat open top bags, sample 4, will be 3923.21.0095, HTSUS, which provides for articles for the conveyance of 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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