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NY 863709


June 7, 1991

CLA-2-39:S:N:N3G:221 863709

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090; 3923.29.0000

Mr. Domenico Vitale
Malpack Polybag Co., Ltd.
130 Silver Star Blvd.
Scarborough, Ontario M1V 4V8 Canada

RE: The tariff classification of grocery and garbage bags from Canada.

Dear Mr. Vitale:

In your letter dated May 17, 1991, you requested a tariff classification ruling.

The grocery and garbage bags are composed of a plastics material. The garbage bags are meant for one time use. The grocery or merchandise bags are flimsy and are designed for short term use. The type of plastic of which the bags are composed is not stated in your letter.

The applicable subheading for the garbage and grocery bags, when composed of polyethylene, will be 3923.21.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags of polymers of ethylene, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the garbage and grocery bags, when composed of a plastics material other than polyethylene, will be 3923.29.0000, HTS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags, other. The rate of duty will be 3 percent ad valorem.

Goods classifiable under subheadings 3923.21.0090 and 3923.29.0000, HTS, which have originated in the territory of Canada, will be entitled to a 2.1 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Jean F. Maguire
Area Director

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