The tariff classification of shopping bags from China

N154118 May 20, 2011 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3923.21.0085; 3923.29.0000 Ms. Angel J. Pipitone John F. Kilroy Co. Inc. 1 Cross Island Plaza, Suite 203E Rosedale, NY 11422-1400 RE: The tariff classification of shopping bags from China Dear Ms. Pipitone: In your letter dated March 10, 2011, on behalf of Vipac, New Jersey, you requested a tariff classification ruling. You provided a partial sample of a product identified as a “FiberStone” shopping bag. The bag measures approximately 10 inches in length and has a braided rope handle. The descriptive literature markets the material alternatively as “recyclable paper,” as “treeless stone paper” and as “tree-free and water-free paper.” You described the “FiberStone” as being composed of 20 percent high-density polyethylene and 80 percent calcium carbonate powder. However, the bag was analyzed by the New York Customs and Border Protection Laboratory and found to contain 57.6 percent by weight of ethylene and propylene co-polymer and 42.4 percent by weight of calcium carbonate. The classification of this shopping bag depends on which monomer in the co-polymer predominates by weight. We are unable to determine this without more details regarding the relative weights of the two monomers, the molecular weights and the number of repeating units. The applicable subheading for the shopping bag, when the ethylene predominates by weight, will be 3923.21.0085, 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…polyethylene retail carrier bags (PRCB’s) with handles (including drawstrings), with no length or width shorter than 6 inches or longer than 40 inches. The general rate of duty will be 3 percent ad valorem. The applicable subheading for the shopping bag, when the propylene predominates by weight, will be 3923.29.0000, HTSUS, which provides for articles for the conveyance or packing of goods, of plastics…sacks and bags (including cones)…of other plastics. The rate of duty will be 3 percent ad valorem. Polyethylene retail carrier 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. 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