The tariff classification of polyethylene recycling bin liner bags from China.

N035876 September 10, 2008 CLA-2-39:OT:RR:NC:SP:221 CATEGORY: Classification TARIFF NO.: 3923.21.0095 Mr. William E. Francis Magic Customs Brokers, Inc. 80 Everett Avenue Chelsea, MA 02150 RE: The tariff classification of polyethylene recycling bin liner bags from China. Dear Mr. Francis: In your letter dated July 21, 2008, which was received in this office on August 18, 2008, on behalf of Verde Home Products, Inc., you requested a tariff classification ruling. The bin liner bags are composed of clear polyethylene plastic sheeting and have draw tapes made of the same material. Item BL8 measures 65 cm in length by 54 cm in width and has a capacity of 8 gallons. Item BL10 measures 77 cm in length by 54 cm in width and has a capacity of 10 gallons. The bags are intended for use in recycling programs and are designed to fit Verde’s mode™ home recycling centers. Each bag is clear so the contents can be identified and is printed with the recycling logo to minimize confusion between the recycling bags and trash bags. Each bag is also printed with the statement, “This Bin Liner is Recyclable.” The bags will be packaged in boxes of 20. The applicable subheading for the polyethylene bin liner recycling bags will be 3923.21.0095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics…sack and bags (including cones), of polymers of ethylene, other. 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division