The tariff classification of polyethylene bags from China

N176916 August 12, 2011 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3923.21.0085 Mr. Mark Franklin Delmar International Inc. One Cross Island Plaza, Suite 115 Rosedale, NY 11422 RE: The tariff classification of polyethylene bags from China Dear Mr. Franklin: In your letter dated July 22, 2011, on behalf of The Peninsula Chicago, you requested a tariff classification ruling. A sample of the bag was submitted with your letter. The bags are constructed of clear polyethylene plastic sheeting and incorporate a braided textile drawstring closure at the top. They measure approximately 10 inches wide by 16 inches long and are printed with the words “SPA The Peninsula.” The bags are not substantially constructed and are not designed for prolonged use. Although you identify the product as an amenity bag that will be distributed to guests at the hotel spa to provide a convenient way of carrying wet swimsuits after leaving the pool area, the bag is of a class of good generally described as a retail carrier bag. There is nothing that particularly suits it for use for carrying wet swimsuits. It is constructed in a manner identical to retail carrier bags that are distributed free of charge for carrying purchases, literature handouts and similar contents. The applicable subheading for the polyethylene bags 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 (152.4mm) or longer than 40 inches (1,016mm). The general rate of duty will be 3 percent ad valorem. You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). 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 and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/. 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