CLA-2-39:OT:RR:NC:N:5: 137
Asia Teague
HALO Branded Solutions
1500 Halo Way Sterling, IL 61081
RE: The tariff classification of polyethylene bags from Indonesia
Dear Ms. Teague:
In your letter dated January 24, 2024, you requested a tariff classification ruling.
The items under consideration are described as low-density polyethylene (LDPE) bags. Photos of the bags under consideration were provided. The LDPE bags have cut out handles and are printed with a digital image of the company logo. You indicate that the bags will be used by a hospital to send prosthetics home with patients. The bags will be packaged 25 bags/bundle. There are four sizes of bags to be imported.
16 inches x 18 inches composed of 37.5-micron
LDPE.
11 inches x 18 inches composed of 37.5-micron LDPE.
18 inches x 30 inches composed of 62-micron LDPE.
18 inches x 48 inches composed of 68-micron LDPE.
You suggest classification in 3923.21.0095, 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: other. You reason that these bags are not retail carrier bags as they are used by a hospital to send prosthetics home with patients. With regard to bags 1, 2 and 3 we disagree. The bags are provided free to patients to carry home their prosthetics and are therefore of the same class or kind as retail carrier bags. Further the specifications, of these bags, fall within the parameters of 3923.21.0085, HTSUS. Therefore, bags 1,2, and 3 are precluded from classification in 3923.21.0095, HTSUS.
The applicable subheading for the LDPE bags 1, 2 & 3 will be 3923.21.0085, HTSUS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene: other: polyethylene retail carrier bags (PRCSs) with handles (including drawstrings), with no length or width shorter than 6 inches (152.4 mm) or longer than 40 inches (1016 mm). The general rate of duty will be 3 percent ad valorem.
The applicable subheading for LDPE bag 4 having dimensions of 18 inches x 48 inches, will be 3923.21.0095, HTSUS, which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones): of polymers of ethylene: other.
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 at https://hts.usitc.gov/current.
The merchandise in question may be subject to antidumping duties and countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce (ITA) and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). General information regarding the ITA and AD/CVD can be found at https://www.trade.gov/us-antidumping-and-countervailing-duties. The ITA’s “Guide on How to File for an Antidumping/Countervailing Duty Scope Ruling Request” is available at https://enforcement.trade.gov/scope/Request-Scope-Ruling.pdf
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Christina Allen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division