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NY N013195




July 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0095

Mr. Bradley J. Ward
Access Customs Brokers, Inc.
184 East Bay Street, Suite 202
Charleston, SC 29401

RE: The tariff classification of a plastic packaging bag from China.

Dear Mr. Ward:

In your letter dated June 19, 2007, on behalf of Hilex Poly Co., you requested a tariff classification ruling.

The sample provided with your letter is a flimsy polyethylene packaging bag identified as a saddle bag. It is used to package pickles or other food items in a deli or fast food restaurant. The sheeting is embossed and printed with a store name. The bag measures approximately 5 inches in height by 4¼ inches in width. The back panel extends above the front panel and has a wicket hole so that it can be hung onto an A-frame hanger for quick loading of food products into the open top. The top 1½ inches of the front panel has been folded over toward the inside of the bag and heat sealed at the side seams to form a flip top closure. The bag is closed by folding down the top of the back panel into the open bag and flipping the front fold over the opening to form a top seal. The bag does not have a handle.

The applicable subheading for the polyethylene packaging 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: 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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