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NY F88931




July 19, 2000

CLA-2-39:RR:NC:SP:221 F88931

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0019; 3923.21.0090

Ms. Cecilia Castellanos
Western Overseas Corporation
1855 Coronado Avenue
Long Beach, CA 90804

RE: The tariff classification of polyethylene bags from China.

Dear Ms. Castellanos:

In your letter dated June 20, 2000, on behalf of Kent H. Landsberg Co., you requested a tariff classification ruling.

Two samples were provided with your letter. Both bags are composed of clear polyethylene plastic sheeting and have a “Zip-Lock” type closure at the top. The smaller bag has a white write on surface stripe. Otherwise, neither bag has any identifying marks. Although both samples have the Zip-Lock type closure, you mention that open-end bags will be imported as well.

The applicable subheading for the open-end polyethylene 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 (including cones): of polymers of ethylene, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the Zip-Lock type polyethylene bags will be 3923.21.0019, HTS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene: reclosable, with integral extruded closure, other. The rate of duty will be 3 percent ad valorem.

You have also inquired whether these bags are subject to patent or trademark restrictions. The sample bags are not subject to patent or trademark restrictions.

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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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