N063035 N0 Ruling Active

The tariff classification of plastic bags from China.

Issued June 22, 2009 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3923.21.00

Headings: 3923

Product description

The bag is composed of polyethylene plastic sheeting. It has a draw-tape closure /handle, which is also composed of polyethylene. The bag measures 23.75 inches by 24.75 inches. It is 0.0015 inch in thickness. The sample bag is printed with an American flag at the center and the names of various countries and cities printed in large letters around the flag. The bag is said to be for use as a laundry bag, and is printed in large letters with the phrase, “All over the world people use coin laundries to save water and time.” The bag is flimsily constructed and is not designed for prolonged use.

CBP rationale

The applicable subheading for the polyethylene plastics bags will be 3923.21.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics.

Full text

N063035 June 22, 2009 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3923.21.00 Mr. Carmelo Lamancusa Ampac Plastics LLC 12025 Tricon Rd. Cincinnati, OH 45246 RE: The tariff classification of plastic bags from China. Dear Mr. Lamancusa: In your letter dated May 27, 2009, you requested a tariff classification ruling. A sample was provided with your letter. The bag is composed of polyethylene plastic sheeting. It has a draw-tape closure /handle, which is also composed of polyethylene. The bag measures 23.75 inches by 24.75 inches. It is 0.0015 inch in thickness. The sample bag is printed with an American flag at the center and the names of various countries and cities printed in large letters around the flag. The bag is said to be for use as a laundry bag, and is printed in large letters with the phrase, “All over the world people use coin laundries to save water and time.” The bag is flimsily constructed and is not designed for prolonged use. The applicable subheading for the polyethylene plastics bags will be 3923.21.00, 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 polymers of ethylene. 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/. Polyethylene bags from China may be 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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