The tariff classification of reclosable plastic bags fromTaiwan.

NY 856122 September 18, 1990 CLA-2-39:S:N:N3G:221 856122 CATEGORY: Classification TARIFF NO.: 3923.21.0019 Mr. Alex Tung Yigi Plastics Company 22122 So. Vermont Ave. #D Torrance, CA 90502 RE: The tariff classification of reclosable plastic bags from Taiwan. Dear Mr. Tung: In your letter received in this office on September 10, 1990, you requested a tariff classification ruling. The reclosable plastic bags are composed of polyethylene. Three samples were submitted. They measure approximately 6" by 9". 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 plastics...sacks and bags, reclosable, with integral extruded closure, other. The rate of duty will be 3 percent ad valorem. In addition to the classification of the bags, you have asked about quotas and patents. These bags are not subject to quota. Reclosable bags are covered by ITC Exclusion Order 337-TA-266 when made using certain patented processes, and the importation of such bags is prohibited. Importations of reclosable plastic bags will be permitted only if the importer provides a statement at the time of entry certifying that the imported articles were not made using those patented processes. This certification statement should read as follows: "I (name of importer) certify that the reclosable bags and tubing entered in this shipment are not produced according to a process which, if practiced in the United States, would infringe claims 1, 3, 4, or 5 of U.S. Letters Patent 3,945,872. This statement is given with the understanding that if it or any part of it is false, I will be subject to the sanctions provided in 19 U.S.C. 1592, 19 U.S.C. 1595a(b), 18 U.S.C. 1001 and 18 U.S.C. 542." Shipments of reclosable plastic bags that are offered for entry but do not have the certification statement attached will be considered to be in violation of the above exclusion order and will be denied entry. If an importer cannot provide certification at the time of entry, the bags may be exported or destroyed under Customs supervision, or placed in a foreign trade zone or bonded warehouse awaiting certification. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport