The tariff classification of polyethylene bags from an unspecified country

N295126 April 6, 2018 CLA-2-39:OT:RR:NC:N1:119 CATEGORY: Classification TARIFF NO.: 3923.21.0085 Joe Wang Inteplast Group Corporation 9 Peach Tree Hill Road Livingston, NJ 07039 RE: The tariff classification of polyethylene bags from an unspecified country Dear Mr. Wang: In your letter dated March 5, 2018 you requested a tariff classification ruling. Representative samples were submitted with your request and will be retained by this office. Sample #1, identified as “Inteplast merchandise bag with permanent sealing closure” is comprised of white high density polyethylene (HDPE) sheeting and has an oval cut-out carrying handle. The bag measures 17.5” in length, 14.5” in width, 2 mil in thickness and has an 11” bottom gusset. In addition, the bag features an adhesive strip with release liner and a fold over flap to permanently seal the bag. It also incorporates 4 holes for venting, as well as a u-shaped perforation through both sides that allows for easier access to the sealed contents. You indicate that this bag will be used to carry food home from restaurants or for tamper evident home deliveries. In a conversation with this office, you have stated that in the future these bags will be printed with customer logos. Sample #2 is identified as “Joe Fresh mailer bag with permanent sealing closure”. Consisting of an outside layer of HDPE sheeting with an inside layer of co-extruded HDPE and linear low density polyethylene (LLDP) sheeting, this bag is orange on the outside and beige on the inside. It is printed on the front with “JOE FRESH” “SHOP ANYTIME JOEFRESH.COM” and reuse instructions on the back. The bag measures 21.5’’ in length, 14.5” in width and 2.5 mil in thickness. Resembling a pouch, this bag has a handle hole at one end and a sealing flap on the on the other. The flap has 2 lines of perforations and 2 permanent adhesive strips with a release liner which allows the bag to be used twice. You indicate that this bag will be used as mail order packaging. Sample #3 is identified as “QDOBA bag”. Comprised of white HDPE plastic sheeting, this wave top bag, with cut-out handle, is printed on the front and the back with the words “QDOBA Mexican Eats”. The bag measures 19” in overall length, 19” in width, 1.10 mil in thickness and has a 9.5” bottom gusset. This bag incorporates an adhesive strip with release liner to permanently seal the bag, as well as perforations across the entire width of the bag for easier access to the sealed contents. You indicate that this bag will be used to carry out food from the named restaurant or for home deliveries. The applicable subheading for the polyethylene 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; stoppers, lids, caps and other closures, of plastics: Sacks and bags (including cones): Of polymers of ethylene: Other: 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 general rate of duty will be 3 percent ad valorem. You have asked whether these products are subject to the antidumping duties (AD) on polyethylene retail carrier bags when imported from China, Vietnam, Taiwan or Malaysia. 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/. 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. 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