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NY M87346




November 3, 2006

CLA-2-39:RR:NC:SP:221 M87346

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0085; 3923.29.0000

Mr. Santos Deleon
Axiom Trade Inc.
Kennedy Ave Mai Center, Suite 210
San Juan, Puerto Rico 00920

RE: The tariff classification of plastic bags from China.

Dear Mr. Deleon:

In your letter dated September 27, 2006, on behalf of R. Escalera, you requested a tariff classification ruling.

The sample bag provided with your letter does not match the description you provided in your letter. This ruling is based on the description and not the sample. The bags for which you requested a ruling are said to be co-extruded patch handle bags composed of 55% to 60% polypropylene and 40% to 45% polyethylene. The gauge is 35 microns and the sizes vary up to 12 inches by 15 inches.

The applicable subheading for the bags, when the polypropylene predominates by weight over the polyethylene, 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.

The applicable subheading for the bags, when the polyethylene predominates by weight over the polypropylene, will be 3923.21.0085, HTSUS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene 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.

If you wish a ruling on the sample bag, please identify the polymer comprising the bag. If the material is composed of more than one polymer, provide a weight breakdown showing the percentage of each polymer. Although the sample bag does not have a handle or drawstring, it has a heat sealed channel on the top that appears to be designed for a drawstring. Will the bag be imported with a drawstring or any other type of handle or closure? Will a drawstring be added after importation? If you decide to resubmit your request, please include all the material that we have returned to you.

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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