CLA-2-39:S:N:N3G:221 856122
Mr. Alex Tung
Yigi Plastics Company
22122 So. Vermont Ave. #D
Torrance, CA 90502
RE: The tariff classification of reclosable plastic bags from
Taiwan.
Dear Mr. Tung:
In your letter received in this office on September 10,
1990, you requested a tariff classification ruling.
The reclosable plastic bags are composed of polyethylene.
Three samples were submitted. They measure approximately 6" by
9".
The applicable subheading for the bags will be 3923.21.0019,
Harmonized Tariff Schedule of the United States (HTS), which
provides for articles for the conveyance or packing of goods, of
plastics...sacks and bags, reclosable, with integral extruded
closure, other. The rate of duty will be 3 percent ad valorem.
In addition to the classification of the bags, you have asked
about quotas and patents. These bags are not subject to quota.
Reclosable bags are covered by ITC Exclusion Order 337-TA-266
when made using certain patented processes, and the importation
of such bags is prohibited. Importations of reclosable plastic
bags will be permitted only if the importer provides a statement
at the time of entry certifying that the imported articles were
not made using those patented processes. This certification
statement should read as follows:
"I (name of importer) certify that the reclosable bags
and tubing entered in this shipment are not produced
according to a process which, if practiced in the
United States, would infringe claims 1, 3, 4, or 5 of
U.S. Letters Patent 3,945,872. This statement is given
with the understanding that if it or any part of it
is false, I will be subject to the sanctions provided
in 19 U.S.C. 1592, 19 U.S.C. 1595a(b), 18 U.S.C. 1001
and 18 U.S.C. 542."
Shipments of reclosable plastic bags that are offered for
entry but do not have the certification statement attached will
be considered to be in violation of the above exclusion order and
will be denied entry. If an importer cannot provide
certification at the time of entry, the bags may be exported or
destroyed under Customs supervision, or placed in a foreign trade
zone or bonded warehouse awaiting certification.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport