The tariff classification of an emesis bag from China

N100599 April 19, 2010 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3923.21.0095 Ms. Kermetta M. McGarity STAT Emesis Bag Company 5900 Spout Springs Road Suite 3C-201 Flowery Branch, GA 30542 RE: The tariff classification of an emesis bag from China Dear Ms. McGarity: In your letter dated April 2, 2010, you requested a tariff classification ruling. A sample was provided with your letter. The emesis bag is composed of polyethylene plastic sheeting measuring 1 mil in thickness. The bag incorporates a stainless steel cable measuring 6 inches in diameter that functions to keep the bag open during use. The bag features a textile drawstring closure to seal in the contents. Each bag is individually packaged in a paperboard box that is marked with the country of origin. The bags will be sold to distributors who will sell them to hospitals, doctors and emergency medical service providers. The applicable subheading for the emesis 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