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NY K83181

March 9, 2004
CLA-2-39:RR:NC:SP:221 K83181


TARIFF NO.: 3923.29.0000

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
888 Seventh Avenue - Suite 4500
New York, NY 10106

RE: The tariff classification of plastic bags from China.

Dear Mr. Zelman:

In your letter dated February 11, 2004, on behalf of Uniflex, Inc., you requested a tariff classification ruling.

Four sample bags of plastic sheeting were provided with your letter. All four bags are said to be composed of a mixture of 70% polypropylene and 30% polyethylene. The first sample is a clear bag that measures approximately 16 inches by 20 inches. It is a “patch handle” bag with an opening near the top of the center on each side for carrying handles of plastic sheeting which are reinforced with a patch of polyethylene plastic that is heat sealed to the body of the bag. The second sample is a white bag with handles of the same composition as that of the bag. This bag measures approximately 9 ¾ inches in width by 13 ¾ inches in length by 6 inches in breadth. It has a cardboard stiffener at the bottom. The third and fourth sample bags are the same size as the second sample and also have a cardboard stiffener at the bottom. One of these bags has a molded plastic handle clipped onto the bag. The other bag has a cord handle. All of the bags are of flimsy construction and not designed for prolonged use.

The applicable subheading for the bags will be 3923.29.0000, 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 other plastics. 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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