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NY N007169




March 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.00

Ms. Stella F. Henriques
Island Customs Brokers
P.O. Box 2747
Ewa Beach, Hawaii 96706

RE: The tariff classification of polyethylene gift bags from China

Dear Ms. Henriques:

In your letter dated February 8, 2007, on behalf of Majestic International, LLC, you requested a tariff classification ruling.

The samples included with your request are identified as polyethylene gift bags. All are made of polyethylene sheeting and have double handles. They are used instead of wrapping paper for the presentation of a gift. You state that all are either sold individually or are packed in consumer packaging that indicates their use as gift bags rather than for carrying merchandise from retail establishments. You have also submitted pictures of the bags on display at retail stores for individual sale directly to consumers.

Eight samples were submitted that are individually marked with UPC labels on the bottom. These labels show the individual style number, are printed with the name of the importer’s website, www.giftbags of hawaii.com, and allow for scanning for individual pricing when sold at retail. Style 8 51603 00052 8 measures 8 inches by 8 inches by 4 inches, has two twisted rope handles, and is printed on both sides with a stylized illustration of a large insect. Style 8 51603 00072 6 measures 9 inches by 7¾ inches by 4 inches, has two molded plastic handles, and is printed on both sides with a floral design. Style 8 51603 00313 0 measures 10 inches by 8 inches by 3¾ inches, has two molded plastic handles, and is printed on both sides with a picture of an evergreen tree topped with a star and surrounded by holly. Style 8 51603 00311 6 measures 10½ inches by 12½ inches by 6½ inches, has twisted rope handles, and is printed on both sides with an illustration of a lit candle in a wreath of red flowers and green leaves. Style 8 51603 00254 6 measures 13 inches by 10 inches by 5 inches, has two molded plastic handles, and is printed on both sides with a picture of palm trees and the location, Hawaii. Style 8 51603 00304 8 measures 8½ inches by 11¼ inches by 6½ inches, has two braided rope handles, and is printed on all sides with pictures of poinsettias. Style 8 51603 00310 9 measures 11½ inches by 9¼ inches by 6½ inches, has two twisted rope handles, and is printed on both sides with a pciture of pine cones and flowers. Style 8 51603 00092 4 measures 12¾ inches by 10 inches by 5¼ inches, has two braided rope handles and is printed on both sides with a picture of bamboo stalks.

One style is not printed with a style number or UPC code to allow for scanning for individual pricing when sold at retail. The bag measures 13¼ inches by 10½ inches by 4¾ inches, has two molded plastic handles, and is printed on both sides with a floral design.

The applicable subheading for the polyethylene gift bags will be 3923.21.00 Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plasticssacks and bags (including cones): of polymers of ethylene. 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 ask whether the bags are subject to antidumping duties as polyethylene retail carrier bags, with handles, with no length or width shorter than 6 inches or longer than 40 inches. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. 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 and Border Protection.

Your samples are being returned so that you may submit them to the Department of Commerce for a scope determination.

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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