CLA-2-39:OT:RR:NC:N4:421
Ms. Harriet Kessler
Plastique Tags, Inc.
8199 N.W. 71st Street
Miami, FL 33166
RE: The tariff classification of various polyethylene plastic bags from China
Dear Ms. Kessler:
In your letter dated September 19, 2011, you requested a tariff classification ruling.
Four sample shopping bags were provided with your letter. All are composed of low density polyethylene (LDPE) plastic sheeting and all have snap lock handles which secure the top of the bag. Sample 1 is a black LDPE shopping bag with an oval snap lock handle. This bag measures approximately 24 inches in width by 24 inches in height. Sample 2 is a printed LDPE bag with a half circle snap lock handle. This bag measures approximately 31 inches in width by 19 inches in height. Sample 3 is a white printed LDPE shopping bag with a square lock handle. This bag measures approximately 15 inches in width by 16 inches in height. Sample 4 is a clear LDPE bag with a hanging hook lock handle. This bag measures approximately 9 ½ inches in width by 13 inches in height. The bags are flimsily constructed and are not designed for long term use. As you requested, the samples will be returned.
You suggest classification in a tariff subheading with a statistical suffix for reclosable bags with integral extruded closures. However, the sample bags have snap lock handle closures, which secure by means of projecting plugs on one side of the handle strip that fit into holes on the opposing side of the handle strip. The sample bags do not incorporate an interlocking zipper type closure formed by extrusion.
The applicable subheading for all four samples of the low density polyethylene bags with snap lock handles 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 (including cones): of polymers of ethylene…polyethylene retail carrier bags (PRCBs) with handles (including drawstrings), with no length or width shorter than 6 inches or longer than 40 inches. The general rate of duty will be 3 percent ad valorem.
The merchandise in question may be subject to antidumping duties or countervailing duties. 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 and Border Protection. You can contact them at http://www.trade.gov/ia/ (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 http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the 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 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