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NY L80233

October 28, 2004

CLA-2-39:RR:NC:SP:221 L80233


TARIFF NO.: 3923.21.0090; 3926.90.9880

Mr. Thomas J. Garibaldi
Schmidt, Pritchard & Co., Inc.
9801 West Lawrence Avenue
Schiller Park, IL 60176

RE: The tariff classification of plastic bags and plastic clips from China.

Dear Mr. Garibaldi:

In your letter dated October 5, 2004, on behalf of Dard Products, Inc., you requested a tariff classification ruling.

Samples were submitted with your letter. Item BH-9747 consists of 25 retail carrier bags held together at the top with a plastic clip. The bags are made of low density polyethylene and incorporate cutout handles. The bags are printed on the front with the name of a medication. These bags are intended to be given out at doctor’s offices to hold samples of medications. A perforation at the top allows the bags to be pulled off individually.

Item number BH-9746 is a plastic clip with a metal spring mechanism and a magnetic back. The clip measures 8 ¼ inches by 3 ½ inches and is printed with the name of the same medication. Although it is intended to hold the stack of polyethylene retail carrier bags described above, the clip is of a kind principally used to hold a variety of items such as papers, notes or charts.

The samples are being returned as you requested.

The applicable subheading for the plastic 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 plastic clip will be 3926.90.9880, HTS, which provides for other articles of plastics, other.

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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