CLA-2-39:OT:RR:NC:N4:421
Mr. Mohammed S. Murad
493 Prospect Place #3
Brooklyn, NY 11238
RE: The tariff classification of polyethylene retail carrier bags from Bangladesh
Dear Mr. Murad:
In your letter dated October 24, 2011, you requested a tariff classification ruling.
Two samples of T-shirt style retail carrier bags were submitted with your request. The bags are labeled as being made of HDPE, i.e., high density polyethylene. Both bags measure 12 inches in width and 22 ½ inches in height measured at the top of the handle. The white bag, which is printed with the phrase “Thank you! Have a Nice Day” and pictures of roses, in addition to safety warnings and suggestions for recycling, has a 7 inch side gusset but no bottom gusset. The black bag, which contains only the incidental printing of safety warnings and suggestions for recycling, has a 6 ½ inch side gusset but no bottom gusset.
The applicable subheading for the polyethylene retail carrier 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 (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.
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/.
Articles classifiable under subheading 3923.21.0085, HTSUS, which are products of Bangladesh may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
You state that the bags are imported from Bangladesh but you have not clearly stated whether the bags are manufactured in Bangladesh. Please note that polyethylene retail carrier bags manufactured in certain countries 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/
You have also inquired about the country of origin marking requirements for the bags. Retail carrier bags are sold to retail establishments, which then provide them to customers as a means to carry home purchased goods. The bags are not currently marked with the country of origin.
The marking statute, section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit in such a manner as to indicate to the ultimate purchaser the English name of the country of origin of the article. Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported.
Section 134.24(b), Customs Regulations (19 CFR 134.24(b)), provides that disposable containers, not designed for or capable of reuse, which are imported empty and packed and sold in multiple units, need not be individually marked with the country of origin. The marking requirements may be met by marking the outermost container which reaches the ultimate purchaser.
In this instance, the retail stores are considered to be the ultimate purchasers of the bags. Therefore, the bags may be excepted from individual marking provided the shipping containers in which they are imported are marked to indicate the country of origin of the bags, and the Customs officers at the port of entry are satisfied that the shipping containers will reach the ultimate purchasers unopened.
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