CLA-2 CO:R:C:G: 082659 SLR
William J. Marston
U.S. Carriage International, Inc.
11938 Waveland Avenue
Franklin Park, IL 60131
RE: Classification of plastic patient belonging bags
Dear Mr. Marston:
This ruling is in response to your letter of June 16, 1988,
on behalf of your client, Cypress Medical Products, requesting
the classification of plastic tote bags under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA). A
sample was provided for our examination.
FACTS:
This inquiry involves polyethylene plastic bags given to
patients to store personal belongings during a hospital stay.
Upon discharge, patients can use the bags to transport their
belongings back home.
The submitted sample is a shopping tote. It resembles the
merchandise in issue in that it is made of polyethylene plastic
and has four grummets at the top opening. While the patient
bags reportedly include handles, one has not been forwarded with
the sample.
ISSUE:
What is the proper classification of plastic patient
belonging bags under the HTSUSA?
LAW AND ANALYSIS:
Classification of products under the HTSUSA is in accordance
with the General Rules of Interpretation (GRI's), taken in order.
GRI 1 provides tht classification is determined according to the
terms of the headings and any relevant section or chapter notes.
Here, two headings may apply to the merchandise in issue:
3923, articles for the conveyance or packing of goods; and 4202,
-2-
travel bags, toiletry bags...handbags, shopping bags and similar
containers. Note 2(a) to Chapter 42, however, specifies that
heading 4202 does not cover "[b]ags made of plastic sheeting,
whether or not printed, with handles, not designed for prolonged
use (heading No. 39.23)."
The bags under consideration are of a single thickness of
plastic film. They are not substantially constructed and, most
likely, will not be reused.
As the above chapter note excludes 4202 from our analysis,
it directs our efforts to heading 3923. Explanatory Note 39.23
provides that heading 3923 covers all articles of plastic
commonly used for the packing or conveyance of all kinds of
products. The articles covered include containers such as boxes,
cases, crates, and sacks and bags (including cones and refuse
sacks).
HOLDING:
The patient belonging bags are classifiable under subheading
3923.21.00, HTSUSA, as articles for the conveyance or packing of
goods, of plastic, sacks and bags, of polymers and ethylene,
dutiable at 3 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division