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NY 868615


November 16, 1991

CLA-2-39:S:N:N3G:221 868615

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. John Tanaszczuk
Bonar Packaging
2360 McDowell Road
Burlington, Ontario L7R 4A1 Canada

RE: The tariff classification of bags to package resin from Canada.

Dear Mr. Tanaszczuk:

In your letter dated November 1, 1991, you requested a tariff classification ruling.

The bags are composed of an outer layer of polyethylene, a middle layer of metal foil and an inner layer of polyethylene. The sample and information show that the plastic layers are of overwhelmingly greater thickness than the metal foil. The bags are used to package resin.

The applicable subheading for the bags 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.

Goods classifiable under subheading 3923.21.0090, 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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