The tariff classification of a thermal shopping bag from Hong Kong.

NY K81816 December 17, 2003 CLA-2-39:RR:NC:SP:221 K81816 CATEGORY: Classification TARIFF NO.: 3923.21.0090 Ms. Susan D. Klingbeil Ikea 496 W. Germantown Pike Plymouth Meeting, PA 19462 RE: The tariff classification of a thermal shopping bag from Hong Kong. Dear Ms. Klingbeil: In your letter dated December 5, 2003, you requested a tariff classification ruling. A sample was provided with your letter. The thermal shopping bag (article number 30068079) is composed of two layers of low density polyethylene plastic sheeting. The bag has plastic handles and can be sealed with the plastic snap closures at the top molded strip. The bag will be sold in Ikea restaurants for the transport of temperature sensitive food products. The bag is flimsily constructed and is not designed for prolonged use. The applicable subheading for the thermal 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: other. The rate of duty will be 3 percent ad valorem. The sample bag is not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304), requires that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Section 134.1(d), Customs Regulations [19 C.F.R. §134.1(d)], defines "ultimate purchaser" as "generally the last person in the United States who will receive the article in the form in which it was imported." The ultimate purchaser of the bag is the consumer who buys the bag at retail. Therefore, the bags must be marked with the country of origin. 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