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NY M87841




November 22, 2006

CLA-2-39:RR:NC:SP:221 M87841

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0085

Mr. Robert H. Bacon
Bacon & Graham, Inc.
34 East 25th Street
Paterson, NJ 07514

RE: The tariff classification of plastic bags from China.

Dear Mr. Bacon:

In your letter dated October 25, 2006, you requested a tariff classification ruling.

A sample was provided with your letter. The bag is composed of polyethylene plastic sheeting. The sample bag is printed, has a drawstring handle, and measures 13 inches in height by 11 inches in width.

The applicable subheading for the polyethylene bags will be 3923.21.0085, 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 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.

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).

  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.

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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