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NY K85448

May 17, 2004
CLA-2-39:RR:NC:SP:221 K85448


TARIFF NO.: 3923.21.0090

Ms. Louise Megale
Patrick Powers Customs Brokers, Inc.
27 Blake Avenue
Lynbrook, NY 11563

RE: The tariff classification of plastic merchandise bags from China.

Dear Ms. Megale:

In your letter dated April 21, 2004, on behalf of BHS International Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The bags are composed of polyethylene plastic sheeting with heat sealed seams. They have cut-out handles and are printed with product information. The bags measure approximately 11 inches in height by 8 inches in width. The bags are grouped in clusters stapled together at the top with a cardboard strip. They are perforated at a point approximately 1 inch down from the top so that they may be pulled off individually. You indicate that these bags will be used by drug companies to provide patients with free samples of medications.

The applicable subheading for the polyethylene merchandise 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: other. The rate of duty will be 3 percent ad valorem.

In your request you have asked whether this product is subject to antidumping (AD) duties. A list of AD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. You may also write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, NW, Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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