Mr. Johnson Lam
229 So. Raymond Avenue
Alhambra, CA 91801
RE: The tariff classification of plastic bags from China.
Dear Mr. Lam:
In your letter dated December 1, 2006, you requested a tariff classification ruling.
Photographs were provided with your letter. The bags are composed of low density polyethylene plastic film. The bags are 18 inches in height by 12 inches in width, and are 2 mils in thickness. The bags have cutout handles at the top. The bags, which are printed with movie characters or movie scenes, will be used to promote current or upcoming movies. Although promotional items, these bags are in all material respects identical to bags given out by retail establishments and are used for the same purposes in place of other printed or non-printed bags.
The applicable subheading for the 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: sacks and bags: 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 rate of duty will be 3 percent ad valorem.
Certain polyethylene retail carrier bags are subject to 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.
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.
Robert B. Swierupski