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NY 805584




January 6, 1995

CLA-2-39:S:N:N6:221 805584

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0019; 3923.29.0000

Ms. Martha G. Halling
12 Riverdale Avenue
Ormond Beach, FL 32174-4826

RE: The tariff classification of the "Scoop 'N Seal" plastic bag.

Dear Ms. Halling:

In your letter dated December 11, 1994, you requested a tariff classification ruling.

The sample submitted with your letter is a prototype of a product identified as a "Scoop 'N Seal" bag. It is designed for the collection and disposal of items such as waste, debris, specimens, evidence, or, especially, pet feces. The sample bag measures approximately 10 3/8 inches by 11 1/4 inches and has a reclosable "ZIPLOC" type seal. Attached to each side of the inside of the bag is a stiff plastic piece designed to function as a scoop. To operate the product, the user turns the bag inside out, pivots the scoops to the outside of the bag, gathers up the material to be collected, and rotates the scoopers back into the bag. The bag, with the scooping members and collected material inside, is then sealed and disposed of. At this time, you are unable to identify the country in which these bags will be manufactured. The rates of duty shown below apply to imports from countries with Most Favored Nation Status.

The applicable subheading for the Scoop 'N Seal bag, if made of polymers of ethylene, will be 3923.21.0019, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, sacks and bags of polymers of ethylene, reclosable, with integral extruded closure, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the Scoop 'N Seal bag, if made of polymers other than ethylene, will be 3923.29.0000, HTS, which provides for articles for the conveyance or packing of goods, sacks and bags, of other plastics. The rate of duty will be 3 percent ad valorem.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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