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NY L83431

April 18, 2005

CLA-2-39:RR:NC:SP:221 L83431


TARIFF NO.: 3923.21.0019

Mr. Joseph McClane
PAK 2000, Inc.
Mirror Lake Plant & General Offices
P.O. Box 438
Mirror Lake, NH 03853

RE: The tariff classification of polyethylene bags from China.

Dear Mr. McClane:

In your letter dated March 17, 2005, you requested a tariff classification ruling.

A sample was provided with your letter. The bag is composed of polyethylene sheeting. It has a die-cut handle and is reclosable with integral extruded closures. It measures approximately 17 ½ inches in height by 12 inches in width. The bag, which is disposable, will be used to hold products sold at retail at specialty stores.

The applicable subheading for the bags will be 3923.21.0019, 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 ethylene, reclosable, with integral extruded closure, 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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