CLA-2-39:S:N:N3G:221 874564
Mr. Fred Berger
Berco Products Inc.
P.O. Box 938
Marlton, NJ 08053
RE: The tariff classification of reclosable polyethylene bags
from China.
Dear Mr. Berger:
In your letter dated May 12, 1992, you requested a tariff
classification ruling.
Samples of the bags were submitted with your letter. The
bags measure approximately 5 inches by 3 1/2 inches. The
stripping closure area is clear.
The applicable subheading for the reclosable 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 of polymers of ethylene,
reclosable, with integral extruded closure, other. The rate of
duty will be 3 percent ad valorem.
Reclosable bags are the subject of ITC Exclusion Order
Investigation No. 337-TA-266. Importations of reclosable bags
and tubing will be permitted only if the importer provides a
certification that the bags were not produced in a manner that
infringes upon a registered patent. Such certification 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
the U.S. Letter 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 and tubing that are
offered for entry but do not have the certification statement
attached are to be considered in violation of the above exclusion
order and will be denied entry. If an importer cannot provide
the certification at the time of entry, the bags or tubing 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