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

Mr. Rosario Puglisi
OEC Logistics Inc.
133-33 Brookville Blvd., Suite 306
Rosedale, NY 11422

RE: The tariff classification of bun rack covers from China

Dear Mr. Puglisi:

In your letter dated October 14, 2010, on behalf of Tronex Company Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The bun rack cover is composed of clear polyethylene plastic sheeting. The cover is actually a bag 52 inches in width at its widest point, 83 inches in height and 17 microns in thickness, and is sized to fit standard racks to protect foodstuffs in a commercial bakery.

The applicable subheading for the bun rack covers 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: 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/.

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