The tariff classification of plastic packaging pouches from China

N291485 November 22, 2017 CLA-2-39:OT:RR:NC:N1:119 CATEGORY: Classification TARIFF NO.: 3923.21.0095 Michael Chau Heritage Group LLC 1900 South Burgundy Place Ontario, CA 91761 RE: The tariff classification of plastic packaging pouches from China Dear Mr. Chau: In your letter dated October 24, 2017 you requested a tariff classification ruling. Representative samples were submitted with your request and will be retained by this office. The products to be imported are two sizes of polyethylene packaging pouches or bags. The smaller pouch measures 10 inches by 13 inches and is 1.75 mils in thickness. The larger pouch measures 14.5 inches by 19 inches and is 1.75 mils in thickness. Each bag has a gray interior and a white exterior which is printed with a prominent upper case black “Y” that has a small pink heart off to its right. The bags are constructed so that the back panel extends beyond the front panel and forms a fold-over flap of 2 inches. The flaps have a strip of permanent adhesive with a release liner to seal the pouch. Once sealed, these bags are incapable of reuse. You indicate that these pouches will be used to package e-commerce sales of lingerie and hosiery items. The applicable subheading for the packaging pouches 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; stoppers, lids, caps and other closures, of plastics: Sacks and bags (including cones): Of polymers of ethylene: Other: Other. The rate of duty will be 3% 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 https://hts.usitc.gov/current. You have asked whether the products are subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (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 https://www.usitc.gov (click on “Antidumping and Countervailing Duty” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.gov/. 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 April Cutuli at april.a.cutuli@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division