The tariff classification of plastic bags from China.

NY L89303 January 10, 2006 CLA-2-39:RR:NC:SP:221 L89303 CATEGORY: Classification TARIFF NO.: 3923.21.0085; 3923.21.0095; 3923.29.0000 Ms. Julie Lai Walong Marketing, Inc. 6281 Regio Avenue Buena Park, CA 90620 RE: The tariff classification of plastic bags from China. Dear Ms. Lai: In your letter dated November 29, 2005, you requested a tariff classification ruling. Three sample bags were provided with your letter. The bags are disposable and are used to package and transport goods bought at retail sale. Sample bag #1 is a very thin gauge produce bag made of high density polyethylene sheeting. The bags are supplied on rolls with perforations to allow for easy separation. Sample bag #2 is a printed bag made of plastic sheeting with no handles and no closure. The type of polymer is not identified. Sample bag #3 is a printed retail carrier bag made of high density polyethylene sheeting. The bag has plastic handles but no closure. The applicable subheading for sample bag #1, the polyethylene produce bag, and for sample bag #2, the printed bag without handles, when made of polyethylene, will be 3923.21.0095, 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: other. The rate of duty will be 3 percent ad valorem. The applicable subheading for sample bag #2, when composed of a polymer other than ethylene, will be 3923.29.0000, HTSUS, 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 sample bag #3, the printed polyethylene bag with handles, will be 3923.21.0085, HTSUS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene: other: polyethylene retail carrier bags (PRCBs) with handles (including drawstrings), with no length or width shorter than 6 inches (152.4 mm) or longer than 40 inches (1,016 mm). The rate of duty will be 3 percent ad valorem. 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/. In your request you ask whether these products are 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