The tariff classification of the “Glow in the Dark Goody Bag” from China.

NY G88288 March 29, 2001 CLA-2-39:RR:NC:SP:221 G88288 CATEGORY: Classification TARIFF NO.: 3923.21.0090 Ms. Lorianne Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, Pa 17105 RE: The tariff classification of the “Glow in the Dark Goody Bag” from China. Dear Ms Aldinger: In your letter dated March 9, 2001, you requested a tariff classification ruling. A sample was provided with your letter. The bag is composed of high-density polyethylene, and is intended for use as a trick-or-treat candy bag. The bag has handles and pockets for the two included glow sticks, which can be activated by bending, shaking or snapping. The bag measures approximately 12 inches in height by 10 ½ inches in width with a 4-inch gusset. The sample bag has a picture of a jack-o-lantern. Other styles include “Spider &Web,” “Ghost” and “Grave Yard Scene.” The applicable subheading for the Glow in the Dark Goody Bag will be 3923.21.0090, Harmonized Tariff Schedule of the United States (HTS), 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.  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 212-637-7034. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division