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NY N026184




May 7, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0095

Ms. Nicole Trimble
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

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

Dear Ms. Trimble:

In your letter dated April 8, 2008, on behalf of Telespot Products, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The bags (Item #50164) are identified as Forever Green Bags. They are produce bags composed of polyethylene plastic sheeting. These bags are said to prolong the freshness of fruits, vegetables and cut flowers. The sample bag measures approximately16 ΒΌ inches in height by 7 inches in width and has 5 inch side gussets. The bag has neither closures nor handles. As you requested, the sample will be returned.

The applicable subheading for the polyethylene produce 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/.

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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