The tariff classification of reclosable polyethylene bagsfrom China.

NY 874564 May 20, 1992 CLA-2-39:S:N:N3G:221 874564 CATEGORY: Classification TARIFF NO.: 3923.21.0019 Mr. Fred Berger Berco Products Inc. P.O. Box 938 Marlton, NJ 08053 RE: The tariff classification of reclosable polyethylene bags from China. Dear Mr. Berger: In your letter dated May 12, 1992, you requested a tariff classification ruling. Samples of the bags were submitted with your letter. The bags measure approximately 5 inches by 3 1/2 inches. The stripping closure area is clear. The applicable subheading for the reclosable 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 of polymers of ethylene, reclosable, with integral extruded closure, other. The rate of duty will be 3 percent ad valorem. Reclosable bags are the subject of ITC Exclusion Order Investigation No. 337-TA-266. Importations of reclosable bags and tubing will be permitted only if the importer provides a certification that the bags were not produced in a manner that infringes upon a registered patent. Such certification 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 the U.S. Letter 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 and tubing that are offered for entry but do not have the certification statement attached are to be considered in violation of the above exclusion order and will be denied entry. If an importer cannot provide the certification at the time of entry, the bags or tubing 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