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NY N021162





January 4, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.29.0000

Ms. Bessie del Rosario
T Customs Broker, Inc.
5777 W. Century Blvd., Suite 965
Los Angeles, CA 90045

RE: The tariff classification of wine gift bags from China and Taiwan.

Dear Ms. del Rosario:

In your letter dated December 19, 2007, on behalf of Pacific Merchants Trading Co., Inc, you requested a tariff classification ruling.

The two samples submitted with your letter are disposable gift bags used to package and present wine bottles. Item 4225, identified as “Retro Colors,” is said to represent styles 4222 through 4225. It has a plastic carry handle and is printed with an abstract pattern. Item 4226, described as “Gift Box Red,” has a textile rope carry handle and is printed with a picture of a gift box wrapped with a ribbon and bow. The bags are composed of polypropylene plastic sheeting. They measure approximately 14 inches in height by 4 ¼ inches in width by 3 ½ inches in depth. The bags have a cardboard support at the bottom. Each bag has a clear plastic hook tab glued to the top of one panel so that it can be hung on a store rack for retail display.

The applicable subheading for the polypropylene wine gift bags 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.

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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