The tariff classification of high density polyethylene microwavable bags from China

N264038 May 8, 2015 CLA-2-39:OT:RR:NC:N2:421 CATEGORY: Classification TARIFF NO.: 3923.21.0095 Ms. Melinda Shellnut UTC Overseas, Inc. 2 Northpoint Drive, Suite 200 Houston, TX 77060 RE: The tariff classification of high density polyethylene microwavable bags from China Dear Ms. Shellnut: In your letter dated April 15, 2015, you requested a tariff classification ruling on behalf of your client, Rofe Group, Incorporated. The sample referred to as exhibit “A” is a bag composed of high density polyethylene (HDPE) plastic sheeting and does not have handles or a drawstring closure. The bag has an open top with heat sealed side seams and bottom. It is used to hold a kind of chip typically served in a Mexican restaurant. The front of the bag is printed with the words “ON THE BORDER, MEXICAN GRILL & CANTINA” in bright colors. The bag is microwaveable and will have a printed label with microwave warming instructions applied to it. It is 1.25 mil thick and measures approximately 16” (L) x 6” (W) with 4 inch gussets. The bag is disposable and is not suitable for prolonged use. The sample referred to as exhibit “B” is a bag composed of high density polyethylene (HDPE) plastic sheeting and does not have handles or a drawstring closure. The bag has an open top with heat sealed side seams and bottom. It is used to hold a kind of chip typically served in a food chain restaurant. The front of the bag is printed with the words “TO GO” and has a picture of a chili pepper which is also the restaurant’s logo. The bag is microwaveable and will have a printed label with microwave warming instructions applied to it. It is 1.25 mil thick and measures approximately 16” (L) x 6” (W) with 4 inch gussets. The bag is disposable and is not suitable for prolonged use. The applicable subheading for the polyethylene bags will be 3923.21.0095, Harmonized Tariff Schedule of the United States (HTSUS), which provides 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. Polyethylene retail carrier bags from China may be subject to antidumping (AD) duties. 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 and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov. 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 Laurel Duvall at laurel.duvall@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division