The tariff classification of polyethylene bags from China

N125056 October 19, 2010 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3923.21.0095 Mr. Joseph A. Startare Jade International, Inc. P.O. Box 469 Folcroft, PA 19032-0469 RE: The tariff classification of polyethylene bags from China Dear Mr. Startare: In your letter dated September 21, 2010, on behalf of Sklar Corporation, you requested a tariff classification ruling. Three groups of samples were included with your request. The first group consists of waste can liners made of high density polyethylene. The liners are available in sizes ranging from 12 gallons to 60 gallons in capacity and from 8 microns to 17 microns in thickness. The second group consists of waste can liners made of linear low density polyethylene. The liners are available in sizes ranging from 12 gallons to 56 gallons in capacity and from 0.6 mil to 1 mil in thickness. The liners in the second group are also available in a heavier version, in sizes ranging from 33 gallons to 60 gallons in capacity, all measuring 1.1 mils in thickness. All of the above described liners are typically used in health care facilities to collect and contain non-medical refuse for safe disposal. They are not intended for use with bio-hazardous waste. The liners do not have handles. The third group of samples, identified as linen bags, includes a variety of bags made of linear low density polyethylene. The bags are used to collect and handle soiled or infectious linen and laundry to reduce the risk of cross contamination during handling. They are available in non- printed versions or printed with information such as the international biohazard symbol or bilingual labeling for easy identification of infectious waste. The bags are available in non-printed versions, either white or blue in color, measuring 44 gallons in capacity and 1.3 mils in thickness. They are available in printed versions measuring either 20 gallons or 44 gallons in capacity and 1.3 mils in thickness. The bags printed to indicate soiled linen are blue in color, while the bags printed to indicate infectious linen are yellow in color. The linen bags do not have handles. The applicable subheading for the waste liner bags and linen bags described above 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 (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