The tariff classification of a shopping bag from China.

NY K86180 June 3, 2004 CLA-2-39:RR:NC:SP:221 K86180 CATEGORY: Classification TARIFF NO.: 3923.21.0090; 3923.29.0000 Mr. Kevin Maher C-Air Customhouse Brokers 181 South Franklin Avenue Valley Stream, NY 11581 RE: The tariff classification of a shopping bag from China. Dear Mr. Maher: In your letter dated May 17, 2004, on behalf of CPI Packaging, you requested a tariff classification ruling. A sample was provided with your letter. The shopping bag is composed of plastic sheeting, said to be 60 percent polypropylene and 40 percent polyethylene. The bag is printed with a company name, and has plastic patch handles and side and bottom gussets. The bag measures approximately 13 inches in height by 18 inches in width. The bag is disposable and not designed for prolonged use. As you requested, the sample will be returned. The applicable subheading for the shopping bags, when the polypropylene predominates by weight over the polyethylene, will be 3923.29.0000, Harmonized Tariff Schedule (HTS), which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of other plastics. The rate of duty will be 3 percent ad valorem. The applicable subheading for the shopping bags, when the polyethylene predominates by weight over the polypropylene, will be 3923.21.0090, 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. In your request you have asked whether this product is 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. 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