NY 862629: The tariff classification of plastic bags from Korea.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

 
                                   NY 862629

                                  May 9, 1991


CLA-2-39:S:N:N3G:221 862629 

CATEGORY:  Classification

TARIFF NO.: 3923.29.0000

Mr. Peter Jay Baskin
Sharretts, Paley, carter & Blauvelt
67 Broad Street
New York, NY  10004

RE:  The tariff classification of plastic bags from Korea.

Dear Mr. Baskin:

     In your letter dated April 22, 1991, on behalf of A & A
International, you requested a tariff classification ruling.     
  
      
     The bags, which are composed of plastics other than
polyethylene, will be imported empty and later filled with audio
cassette tapes produced in the United States.  Product
information such as the tape manufacturer's name and address are
printed on the bags.  In addition, the bags are marked "Made in
U.S.A."  As you requested, your sample is being returned.  
     
     The applicable subheading for the plastic bags will be
3923.29.0000, 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 other plastics.  The
rate of duty will be 3 percent ad valorem. 

     You have also inquired about the country of origin marking
requirements.  The ultimate purchaser of the empty bags is
considered to be  the company which fill the bags with the tapes. 
Therefore, the bags may be excepted from individual marking
provided the shipping containers in which they are imported are
marked to indicate the country of origin of the bags, and the
Customs officers at the port of entry are satisfied that the
shipping containers will reach the ultimate purchaser unopened.

     Though the bags contain an American address and are marked
"Made in U.S.A.," such marking relates to the origin of the audio
cassette tapes which are to be packaged in the bags, and not to
the bags themselves, since the bags will lose their identity as a
separate article of commerce after they are filled.  An exception
from individual marking requirements is justified 





in this case, since the marking is not misleading or deceptive,
provided that the products to be packaged in the bags are in fact
products made in the United States.  

     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