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NY N006374




February 14, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0095

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
14800 Charlson Road, Suite 400
Eden Prairie, MN 55347-5048

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

Dear Mr. Anderson:

In your letter dated January 30, 2007, on behalf of Warner & Warner Company, you requested a tariff classification ruling.

The sample provided with your letter is a packaging bag composed of polyethylene plastic sheeting. The bags will be imported empty and afterwards filled with ten pounds of potatoes. The bags do not have handles. They measure approximately 23 inches in height by 11½ inches in width and have heat sealed seams and air circulation holes. The bags are printed with product information and with an American domestic address and the words “Produce of U.S.A.” The bags are imported in quantities of 1000 and are wicketed or held together by a bent U-shaped length of wire rod inserted through the two holes at the top of the bags to facilitate machine loading of potatoes into the bags.

The applicable subheading for the polyethylene 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/.

You have inquired about the country of marking requirements.  Section 134.24(b), Customs Regulations [19 CFR 134.24(b)], provides that disposable containers, not designed or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container that reaches the ultimate purchaser.

The company that fills the bags with the potatoes is considered to be the ultimate purchaser of the bags. Therefore, the bags may be excepted from individual marking provided the shipping containers in which they are imported are marked to indicate the country of origin of the bags, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchaser unopened.

The sample bag is printed with a domestic address and the words “Produce of U.S.A.” References to domestic locales can lead to confusion over the country of origin of the contents. Such references, therefore, are not acceptable unless the contents with which the containers will be packaged are of American origin. Your proposed marking will be acceptable only if the port director at the port of entry is satisfied that the packaging bags will be filled only with products made in the United States.

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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