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NY M83993

June 27, 2006

CLA-2-39:RR:NC:SP:221 M83993


TARIFF NO.: 3923.29.0000

Ms. Kris Sutton
Charles M. Schayer & Co.
3839 Newport Street
Denver, CO 80207

RE: The tariff classification of a plastic packaging bag from China.

Dear Ms. Sutton:

In your letter dated May 23, 2006, on behalf of Kwik Tek, Inc., you requested a tariff classification ruling.

The sample provided with your letter is a packaging bag composed of clear polyvinyl chloride (PVC) plastic sheeting, measuring .35 millimeters in thickness, with heat sealed seams. The top of the package consists of a single layer of sheeting with a cutout by which it can be hung on a rack for store display. The portion of the package below the cutout is in the form of a bag that measures approximately 10 inches in height by 9 ΒΌ inches in width with 3 inch side and bottom gussets. The bag portion of the package has a flap with snap closure. This bag will be used to package and distribute footwear. It is not of a type that is sold at retail on its own.

The applicable subheading for the PVC packaging bag will be 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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