HQ 954589: Polyethylene Hook and Handle Bags

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.

                                   HQ 954589

                                 June 28, 1994

CLA-2 CO:R:C:F  954589  ALS

CATEGORY:  Classification

TARIFF NO.  3926.90.9590

Mr. Gerard M. Du Corday
Vice President
Visions
10871 Thorley Road
Santa Ana, CA 92705

RE:  Polyethylene Hook and Handle Bags

Dear Mr. Du Corday:

      This is reference to your request for reconsideration of Ruling 871719,
dated February 26, 1992, issued by our New York Seaport Area Office (NYRL
871719), concerning the subject plastic bags.  A sample of the subject bags was
furnished with your request.

FACTS:

      The articles under consideration are bags made of clear polyethylene
plastic sheeting which is attached by means of a heat seal to a rigid plastic
handle.  The handle is composed to straight plastic strips, to which the
polyethylene sheeting is attached, as well as providing a means to grip the
handle and a hook with which to hang the bag and its contents on a rack.  The
bags come in a variety of sizes depending on the merchandise to be placed
therein.

ISSUE:

      What is the classification of polyethylene plastic bags with a handle that
permits carrying and hanging.

LAW AND ANALYSIS:

      Classification of merchandise under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) is governed by  - 2 -

the General Rules of Interpretation (GRI's).  GRI 1 provides that the
classification is determined first in accordance with the terms of the headings
and any relative section and chapter notes.  If GRI 1 fails to classify the goods
and if the headings and legal notes do not otherwise require, the remaining GRI's
are applied, taken in order.

      In considering the classification of the bags we noted that they are of
a heavier gauge than a typical plastic shopping bag and that they have a
hook/handle.  It is noted that these bags come in 7 sizes and that, according
to the sales literature provided, they are designed to accommodate various
products and to "assure maximum protection of visibly stored contents."  They
are referred to as multi-media Display-Storage-Circulation Bags which provide
"see-thru storage, easy filing and retrieval, direct charge-out."  The sales
literature shows the bags are designed to hang on various racks.  Such literature
is replete with references to the bags hanging and display capabilities, e.g.,
"store and circulate in one bag and hang your bags where you want", the handle
design "lets you hang and display...."  The bag is noted to be reusable.  

      Information submitted with the reconsideration request  indicates that the
bags are designed for display and take-out conveyance.  Their use by various
businesses for display and conveyance purposes is noted.  Their use for
conveyance is only noted in the reconsideration request.

      While we do not question that the design of the handle would permit the
bags and their content to be carried, we believe this is a very limited
capability.  In gripping the handle we noted that the hook portion thereof
actually interfered with our ability to close a hand and carry the bag and its
contents in a manner similar to the way one would carry a shopping bag from the
store to one's destination.  This fact and the fact that the bags are composed
of a heavier gauge plastic than one would normally find in a shopping bag causes
us to conclude that the primary purpose of the subject bags is not for conveyance
and packing of goods but for storage and display.

HOLDING:

      A hook handle plastic bag which, while permitting limited conveyance of
its contents, is primarily designed to store and display merchandise therein,
is classifiable in subheading 3926.90.9590, HTSUSA, as other articles of plastics
and articles                         - 3 -

of other materials.   Such merchandise is subject to a general rate of duty of
5.3 percent ad valorem.

      NYRL 871719 is affirmed.

                                    Sincerely,



                                    John Durant, Director
                                    Commercial Rulings Division