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NY L83376

April 18, 2005

CLA-2-39:RR:NC:SP:221 L83376


TARIFF NO.: 3923.21.0090

Mr. Patrick Omlor
Stephen Gould Corporation
10816 Kenwood Road
Cincinnati, Ohio 45242

RE: The tariff classification of plastic bags from China, Malaysia and Thailand.

Dear Mr. Omlor:

In your letter dated March 9, 2005, you requested a tariff classification ruling.

Two sample bags were provided with your letter. The first bag is composed of low-density polyethylene sheeting. It is .0008 inch in thickness and measures approximately 14 inches in height by 11 inches in width. The second bag is composed of high-density polyethylene sheeting. It is .0004 inch in thickness and measures approximately 14 inches in height by 11 inches in width. Both bags are printed and have circular die-cut holes at the top. The bags will be used to distribute advertisements door to door, and the hole at the top serves to hang the bag on a doorknob. .
The applicable subheading for the 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 plasticssacks and bags, of polymers of ethyleneother. 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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