The tariff classification of polyethylene retail carrier bags from China

N259180 December 11, 2014 CLA-2-39:OT:RR:NC:N2:421 CATEGORY: Classification TARIFF NO.: 3923.21.0085 Mr. David Michael Michael Enterprises, Inc. 10966 North US Hwy 31 Ellsworth, MI 49729 RE: The tariff classification of polyethylene retail carrier bags from China Dear Mr. Michael: In your letter dated November 10, 2014, you requested a tariff classification ruling. Samples were not provided. In your letter you describe two different shopping bags made of low density polyethylene (LDPE). The first bag measures approximately 14” in length x 21” in width with a 3” gusset and is .82 mil thick. The second bag measures approximately 20” in length x 30” in width with a 4” gusset and is .98 mil thick. The applicable subheading for the low density polyethylene shopping 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 or longer than 40 inches. The general rate of duty will be 3 percent ad valorem. Polyethylene retail carrier bags from China may be subject to antidumping (AD) duties. 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 @[email protected] Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division