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NY I86236

October 1, 2002

CLA-2-39:RR:NC:SP:221 I86236


TARIFF NO.: 3923.21.0090

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of the “Gift Bag for Easter Basket – Plastic” from China.

Dear Ms. Aldinger:

In your letter dated September 16, 2002, you requested a tariff classification ruling.

A sample was provided with your letter. The gift bag is composed of polyethylene sheeting. It has a textile cord handle, and a cardboard insert at the bottom for support. The bag measures approximately 9 ¾ inches in width and 7 inches in height, with a 6 inch gusset. The bag will be marketed for use with an Easter basket, or in place of an Easter basket. Paper stickers are included for decorating the bag.

The applicable subheading for the bag with the stickers 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: other. The rate of duty will be 3 percent ad valorem.

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.


Robert B. Swierupski

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