CLA-2-39:OT:RR:NC:N4:421

Ms. Jennifer Diaz
Becker & Poliakoff
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525

RE: The tariff classification of polyethylene bags from China

Dear Ms. Diaz:

In your letter dated July 19, 2010, on behalf of Namsung America, Inc., you requested a tariff classification ruling.

The sample submitted with your letter is a clear plastic bag with heat sealed seams and an integral extruded closure. The bag is made of thin gauge polyethylene plastic sheeting measuring less than 3 mils in thickness. It measures approximately 11 ½ inches in length by 8 ¼ inches in width and has no gussets or handle. Thin gauge reclosable plastic bags such as the instant product are principally used for packing and conveying merchandise.

The sample is being returned as you requested.

The applicable subheading for the reclosable polyethylene bags will be 3923.21.0019, 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, reclosable, with integral extruded closure, 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/.

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