The tariff classification of a shopping-style tote bag and a shopping bag from China

N241587 May 31, 2013 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.4500, 3923.21.0085, 3923.29.0000 Fanny Pan JCLS Forwarding Worldwide 800 Airport Boulevard, Suite 518 Burlingame, CA 94010 RE: The tariff classification of a shopping-style tote bag and a shopping bag from China Dear Ms. Pan: In your letter dated April 23, 2013, you requested a tariff classification ruling. You have submitted samples, which will be returned to you. Item FP09-002-000148 is a reusable shopping-style tote bag constructed with an outer surface of plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects during travel. The bag features an open top without a closure, two carrying handles, and an unlined interior. It measures approximately 12” (W) x 11.75” (H) x 7” (D). It is of a durable construction and suitable for repetitive use. Item # H&M is a shopping bag of a type given out at retail stores to customers at the point of sale to convey their purchases from the store to the home.  The bag is constructed of thin plastic sheeting and has heat sealed side seams and two loop handles.  Although it is printed with the name of a department store on the front and back, you indicated in a telephone conversation that the imported bags will have different printed logos.    The bag is not of a material or construction suitable for prolonged use.  You did not identify the polymer of the plastic sheeting.  The applicable subheading for item FP09-002-000148 will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem. The applicable subheading for the H & M style shopping bag when constructed of polyethylene sheeting 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…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 H & M style shopping bag, when made of  plastic sheeting other than polyethylene, 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 shopping bags from China 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. Your inquiry does not provide enough information for us to give a classification ruling on item FP09-002-000149. Please provide a sample of the finished article in the condition in which it will be imported into the United States. Provide the full list of all materials used in the construction of the bag including the complete fiber content of any textile materials. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 Vikki Lazaro at (646) 733-3041. Sincerely, Thomas J. Russo Director National Commodity Specialist Division