The tariff classification of a polyethylene retail carrier bag from China

N174988 July 26, 2011 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3923.21.0085 Mr. Steve Zaga 404 Deal Road Ocean, NJ 07712 RE: The tariff classification of a polyethylene retail carrier bag from China Dear Mr. Zaga: In your letter dated July 7, 2011, you requested a tariff classification ruling. The sample submitted with your request is a polyethylene retail carrier bag with a reinforced oval handle hole for carrying the bag. The bag measures 22 inches in length by 20 inches in width. It has a 4 ¾ inch bottom gusset and no side gusset. The bag is printed on both sides with the logo and name of a retail store. There is an adhesive strip measuring 5/8 inch in width that is applied from end to end along one inside width of the bag, 3 ½ inches down from the top. The adhesive surface is protected with a peel-off disposable plastic strip. The adhesive can be used to seal the bag closed along the entire top opening below the handle hole. The applicable subheading for the polyethylene retail carrier bag 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 (PRCBs) with handles (including drawstrings), with no length or width shorter than 6 inches (152.4 mm) or longer than 40 inches (1,016 mm). The general 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