The tariff classification of a polyethylene packaging bag from China

N099938 April 30, 2010 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3923.21.0095 Ms. Maureen Shoule J.W. Hampton Jr. & Co., Inc. 161-15 Rockaway Blvd. Jamaica, NY 11434 RE: The tariff classification of a polyethylene packaging bag from China Dear Ms. Shoule: In your letter dated March 31, 2010, on behalf of Enor Corporation, you requested a tariff classification ruling. The sample submitted with your letter is a zippered bag measuring approximately 17 ½ inches by 17 inches by 9 inches. The bag will be imported empty and used as the retail package for a toy bowling set consisting of 10 pins and 2 balls. The front and back panels of the bag are composed of clear polyethylene plastic sheeting while the gussets are composed of nonwoven polyethylene textile fabric. The bag has a webbed carrying strap. The essential character is imparted by the polyethylene plastic panels7. The applicable subheading for the polyethylene packaging bag 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…sacks and bags: of polymers of ethylene…other: 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 1