The tariff classification of retail carrier bags from Vietnam

N088435 January 11, 2010 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3923.21.0085; 3923.29.0000 Mr. Raymond Rodriguez WLG (USA) and World Commerce Services LLC 555 East Ocean Blvd., Suite 440 Long Beach, CA 90802 RE: The tariff classification of retail carrier bags from Vietnam Dear Mr. Rodriguez: In your letter dated December 15, 2009, on behalf of AmeriPacific International Inc., you requested a tariff classification ruling. Two samples were included with your request. Each is a stack of t-shirt style retail carrier bags of a type provided by retail stores for carrying purchases home. The bags are loosely attached to each other as a result of the die cutting process and are scored to fit onto a metal rack at the point of purchase in the retail store. The bags are described as grocery bags. Although the sample bags are not printed, you indicate that the bags may have lettering at the time of importation. You state that the samples identified as A consist of 44.2 percent polypropylene, 38 percent polyethylene and smaller quantities of fillers including calcium carbonate. You state that the samples identified as B consist of not more than 50 percent by weight of polyethylene and include other materials such as polyvinyl chloride (PVC). Classification depends on the polymer that predominates by weight. Note that the predominant polymer content does not need to exceed 50 percent in order to predominate by weight over the other polymers in the formulation. The samples are being returned as you requested. The applicable subheading for the grocery bags when polyethylene predominates by weight 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 (152.4mm) or longer than 40 inches (1,016mm). The rate of duty will be 3 percent ad valorem. The applicable subheading for the grocery bags when polypropylene, PVC or another polymer other than polyethylene predominates by weight 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. Polyethylene retail carrier bags from Vietnam may be 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