CLA-2-39:RR:NC:SP:221

Mr. Calvin Zheng
Eforcity Corporation
12339 Denholm Drive
El Monte, CA 91732

RE: The tariff classification of polyethylene bags from China.

Dear Mr. Zheng:

In your undated letter, received in this office on August 2, 2007, you requested a tariff classification ruling.

A sample was provided with your letter. The polyethylene bags measure 25.5 cm in width by 35.5 cm in length when the lid is folded or sealed, or 38 mm in length when the lid is unfolded. The bags are not printed and do not have handles. They will be used to package and ship goods to a customer’s address.

The applicable subheading for the polyethylene bags 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: sacks and bags (including cones): of polymers of ethylene: other. The rate of duty will be 3 percent 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 http://www.usitc.gov/tata/hts/.

In your request you mention 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

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