CLA-2-39:OT:RR:NC:N4:421
Mr. Brian F. Walsh
Ms. Shama K. Patari
Barnes, Richardson & Colburn
303 East Wacker Drive, Suite 1020
Chicago, IL 60601
RE: The tariff classification of retail carrier bags from Indonesia
Dear Mr. Walsh and Ms. Patari:
In your letter dated May 6, 2010, on behalf of PT Tirta Marta Company, Indonesia, you requested a tariff classification ruling.
Two samples identified as grocery bags were included with your request. The style made of Ecoplas 25 is a t-shirt style retail carrier bag measuring 19 ½ inches (including handles) by 11 ¼ inches with a 4 ¾ inch side gusset. The style made of Ecoplas 50 is a double handled retail carrier bag measuring 15 ½ inches (not including the handle) by 11 ½ inches with a 4 ¾ inch side gusset. Both are said to be biodegradable grocery bags made of a combination of polyethylene and tapioca resin, a natural polymer of polysaccharide (starch). Some additional polymers and/or other ingredients in small amounts are also present. Classification of the bags depends on the polymer that predominates by weight. You state that the bag made of Ecoplas 50 consists of 61 percent tapioca resin and 38 percent polyethylene and you have provided testing data to support this position. The samples are being returned as you requested.
The applicable subheading for the retail carrier bags made of Ecoplas 50, in which the polysaccharide resin predominates by weight, will be 3923.29.0000, HTSUS, which provides for articles for the conveyance or packing of goods, of plastics…sacks and bags…of other plastics. The general rate of duty will be 3 percent ad valorem.
Your inquiry does not provide enough information for us to give a classification ruling on the bags made of Ecoplas 25. Your request for a classification ruling should include a step by step description of the manufacturing process, showing in particular the processes performed on each of the polymers. Provide clear copies of the TGA analyses in Exhibit 3. The copies provided with your request are too indistinct and faint to be analyzed properly. Provide an explanation of how the TGA analyses support your position about the polymer content of the product. Also, provide five samples that may be retained by this office for analysis.
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 3923.29.0000, HTSUS, which are products of Indonesia 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”.
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