The tariff classification of polyethylene bags from Thailand.

N036241 September 10, 2008 CLA-2-39:OT:RR:NC:SP:221 CATEGORY: Classification TARIFF NO.: 3923.21.0085 Ms. Jarinya K. Law Toft Wolff Farrow Inc. 282 Second Street, 3rd Floor San Francisco, CA 94105 RE: The tariff classification of polyethylene bags from Thailand. Dear Ms. Law: In your letter dated August 6, 2008, you requested a tariff classification ruling. Two sample bags were provided with your letter. Both bags are composed of high density polyethylene plastic sheeting. Although both bags are labeled “reusable,” neither bag is constructed for long term use. Both bags are t-shirt style merchandise bags with handles, of the kind provided by retail stores to carry purchases. One bag is printed with the name of a grocery store and the instruction, “After reuse, return to a participating store for recycling.” The other bag is printed with the name of a drug store and the word “recyclable.” Each bag measures approximately 12 inches in width by 15 inches in height. The applicable subheading for the polyethylene merchandise 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 (152.4 mm) or longer than 40 inches (1,016 mm). The rate of duty will be 3 percent ad valorem. 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. 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 at (646) 733-3023. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division