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Polyethylene Stand up Pouch

CN β†’ US
HS Code Tariff Rate Origin Destination Doc
3923210085 38.0% CN US Official Doc
3923210095 38.0% CN US Official Doc

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πŸ›οΈ Polyethylene Stand-Up Pouches (Resealable Bags)


🌐 HS Code Reference & Customs Clearance Guide | 2026 Latest Tariff Analysis | Professional Level Strategy
πŸ“Œ I. Product Definition and Classification: Do You Really Understand β€œStand-Up Pouches”?

Polyethylene Stand-Up Pouches are flexible packaging solutions widely used in food, cosmetics, and consumer goods industries. They are characterized by a flat bottom that allows them to stand upright on shelves, often featuring resealable zippers or drawstring handles.

In international trade, these are classified under Chapter 39 (Plastics and Articles Thereof), specifically as articles for the conveyance or packing of goods. The critical distinction for customs purposes lies in the dimensions and the presence of handles:

Standard Flexible Bags: Generic sacks and bags without specific handle configurations or exceeding standard retail carrier dimensions.
Retail Carrier Bags with Handles: Specifically defined as bags with handles (including drawstrings) designed for retail distribution, subject to strict dimensional constraints.

⚠️ Key Distinction Point:
- If the bag has handles/drawstrings AND dimensions fall within the specific retail carrier range (Length/Width: 6 inches to 40 inches) β†’ It is classified as a Polyethylene Retail Carrier Bag (PRCB).
- If the bag has no handles or dimensions exceed the 6–40 inch range (e.g., large industrial bulk bags or very small sample packets outside the specific definition) β†’ It falls under "Other".


πŸ“¦ II. HS Code Classification Details (2026 Latest Tariff Authority Comparison)

HS Code Product Description Application Scenario Handle/Dimension Status
3923.21.00.85 Polyethylene Retail Carrier Bags (PRCBs) with handles (including drawstrings), with no length or width shorter than 6 inches (152.4 mm) or longer than 40 inches (1,016 mm) Retail shopping bags, snack pouches with drawstrings, cosmetic sample bags with pull-tabs βœ… Yes (Handles)
βœ… Within 6–40 inches
3923.21.00.95 Other sacks and bags of polymers of ethylene Industrial bulk bags, non-retail packaging, bags with handles >40 inches, bags with handles <6 inches, or bags without handles ❌ No (or out of spec)

πŸ” Key Reminder:
- The term "Stand-Up Pouch" is not a standalone HS Code. It must be mapped to either 3923.21.00.85 or 3923.21.00.95 based on physical attributes.
- If your stand-up pouch has a zipper but NO handle/drawstring, it generally falls under "Other" (3923.21.00.95) because it lacks the specific "handle" feature required for PRCB classification.
- If it has a drawstring handle and fits the size criteria, it MUST be classified as PRCB (3923.21.00.85) due to stricter trade restrictions on this category.


πŸ’° III. 2026 Latest Tariff Rate Details (Including Surtaxes & Policy Additions)

βœ… Applicable Country: United States (US)
βœ… Country of Origin: China (CN)
βœ… Effective Time: Current tariffs apply (28% Total)

🎯 1. 3923.21.00.85 β€” Polyethylene Retail Carrier Bags (PRCBs) with Handles

Item Content
Base Tariff Rate 3.0% (ad valorem)
Section 301 Surcharge +25.0% (Additional tariff for Chinese goods)
Total Tax Rate 28.0%
Tax Calculation CIF Value Γ— 28%
De Minimis Exemption ❌ Not Applicable (High tariff items usually excluded from de minimis benefits in practice for large volumes, though technically de minimis is $800; however, for professional clearance, full duty applies)
Legal Basis Path HTSUS:3923.21.00.85 β†’ Section 301: Footnote 9903.03.88

πŸ“Œ Explanation:
- PRCBs are heavily scrutinized due to environmental policies and trade tensions.
- The 28% total duty is significant for low-margin packaging products.
- Misclassification as "Other" (95) when it is actually a PRCB (85) can lead to penalties if caught, as both share the same rate in this dataset, but the regulatory oversight differs.


🎯 2. 3923.21.00.95 β€” Other Sacks and Bags of Polymers of Ethylene

Item Content
Base Tariff Rate 3.0% (ad valorem)
Section 301 Surcharge +25.0% (Additional tariff for Chinese goods)
Total Tax Rate 28.0%
Tax Calculation CIF Value Γ— 28%
De Minimis Exemption ❌ Not Applicable (Same high tariff burden)
Legal Basis Path HTSUS:3923.21.00.95 β†’ Section 301: Footnote 9903.03.88

πŸ“Œ Note:
- Although the rate is identical (28%) to PRCBs in this dataset, the legal definition is different.
- Bags falling here include:
- Stand-up pouches with zippers but NO handles.
- Bags with handles that are too small (<6") or too large (>40") for the "Retail Carrier" definition.
- Critical Advice: Do not attempt to force a handle-less zipper pouch into the "PRCB" code. It must be 95.


πŸ› οΈ IV. Customs Clearance Practical Advice (Combat Pitfalls Guide)

βœ… 1. Documentation Checklist (Essential)

Document Required Description
βœ… Product Specification Sheet βœ”οΈ Must clearly state: Material (PE), Type (Stand-up Pouch), Closure Type (Zipper/Drawstring/None), Dimensions (L x W).
βœ… Photos of the Product βœ”οΈ Must show the closure mechanism clearly. If it’s a zipper, label it as such. If it’s a drawstring, label it as a "Handle."
βœ… Commercial Invoice βœ”οΈ Description must be precise: e.g., "PE Stand-Up Pouch, Zipper Closure, 8x12 inches" or "PE Bag with Drawstring Handle, 10x14 inches."
βœ… Packing List βœ”οΈ Weight and quantity details.
βœ… Certificate of Origin βœ”οΈ Proves origin for Section 301 tariff calculation.

βœ… 2. Declaration Strategy (Key Mantra)

πŸ”₯ β€œDimensions Dictate, Handles Define, Zipper is 'Other'!”

Scenario Correct HS Code Incorrect Action Consequence
Stand-up Pouch with DRAWSTRING HANDLE (Size: 6"-40") 3923.21.00.85 (PRCB) Declare as "Other Bag" Risk of misclassification penalty (same tax, different regulation)
Stand-up Pouch with ZIPPER only (No handle) 3923.21.00.95 (Other) Declare as PRCB Major Error: Zippers are not handles. Customs may reject or fine.
Stand-up Pouch with HANDLE (Size >40") 3923.21.00.95 (Other) Declare as PRCB Size exceeds PRCB definition.
Standard Resealable Bag (No handle, <6") 3923.21.00.95 (Other) Declare as PRCB Size too small for PRCB definition.

βœ… 3. Special Situations Handling

Situation Handling Advice
Zipper vs. Handle Most "Stand-Up Pouches" for food are zipper-only. These are NOT PRCBs. They fall under 3923.21.00.95. Only bags with drawstrings or loop handles qualify for PRCB (85).
Mixed Containers If a container has both PRCBs (handle) and Other Bags (zipper), declare them separately. Do not blend them into one line item with the "Other" code if they are distinct types, to avoid audit flags.
Printed Bags Printing does not change the HS Code. A printed stand-up pouch with a zipper is still 3923.21.00.95.
Biodegradable Bags Even if made of biodegradable PE, they are still classified under 3923.21 unless they fall under a different material chapter (e.g., paper). Pure plastic remains 3923.

🌍 V. Global Market Comparison (2026 Latest)

Country/Region Recommended HS Code Tariff (China Origin) Certification Requirements Notes
πŸ‡ΊπŸ‡Έ USA 3923.21.00.85 / .95 28% (Base 3% + 25% Sec 301) FDA (for food contact), CPSIA (if for kids) High tariff burden. PRCBs are strictly regulated.
πŸ‡¨πŸ‡³ China 3923.21.00.95 ~3-5% GB Standards Lower tariffs, domestic consumption focus.
πŸ‡ͺπŸ‡Ί EU 3923.21 0% - 6.5% (varies) REACH, LFGB No Section 301 equivalent. Focus on sustainability regulations.
πŸ‡¬πŸ‡§ UK 3923.21 0% - 6.5% UKCA Marking Post-Brexit rules apply.
πŸ‡¨πŸ‡¦ Canada 3923.21 0% - 5% CFIA (Food) Free Trade Agreement (CUSMA) may apply for non-Chinese origins.

πŸ“Œ Conclusion:
- The USA is the only major market with the 28% combined tariff on these plastic packaging items.
- For the US market, cost calculation must include the full 28%.
- Misidentifying a Zipper Pouch as a Handle Bag is a common error that triggers customs audits, even if the tax rate is currently the same in this dataset.


πŸ“Œ VI. Common Mistakes & Pitfalls (Lessons Learned)

❌ Mistake 1: Calling a Zipper Stand-Up Pouch a "Handle Bag"
πŸ‘‰ Result: Customs may question the description. While the rate is the same here, it reflects poorly on accuracy and may lead to delays during inspection.
πŸ‘‰ Fix: Always use "Zipper Closure" not "Handle" for resealable food pouches.

❌ Mistake 2: Ignoring Dimension Limits for PRCBs
πŸ‘‰ Result: If a bag has a handle but is 50 inches wide, it is NOT a PRCB. It is "Other".
πŸ‘‰ Fix: Check L/W against 6-40 inches rule.

❌ Mistake 3: Assuming All Plastic Bags Are "Other"
πŸ‘‰ Result: Missing the specific PRCB code (85) when applicable.
πŸ‘‰ Fix: If it has a drawstring handle and is retail-sized, it is PRCB (85).

βœ… Correct Declaration Example:

"Polyethylene Stand-Up Pouch, Zipper Closure, No Handle, Food Grade, 8x12 inches, Model XYZ"
β†’ HS Code: 3923.21.00.95

"Plastic Retail Bag with Drawstring Handle, PE, 10x14 inches, Clear"
β†’ HS Code: 3923.21.00.85


🎯 VII. Conclusion: Precision in Packaging Classification Saves Money!

🎯 Remember the Mantra:

πŸ”Ή "Zipper is 'Other' (95), Handle is 'PRCB' (85). Size Matters (6-40 inches). Don't Guess, Check the Closure!"
πŸ”Ή "28% Duty is High for Packaging. Accurate Description Prevents Delays!"


πŸ“Œ Pro Tip:
If you are exporting stand-up pouches with zippers to the US, ensure your commercial invoice explicitly states "No Handle, Zipper Closure" to align with 3923.21.00.95. Do not use generic terms like "Bag" without specifying the closure type.


πŸ“£ Immediate Action:

πŸ“ž Consult your customs broker with photos of the closure mechanism.
πŸ“ Label your products correctly: "Zipper Stand-Up Pouch" vs. "Drawstring Bag".
πŸš€ Clear Customs Smoothly, Avoid Penalties, Protect Your Margins!


✨ Professional Customs Clearance Starts with Accurate Classification!
πŸ’Ό Your Packaging, Your Profit Margin, Your Responsibility!

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About HS Code Classification

The Harmonized System (HS) is an internationally standardized nomenclature developed by the World Customs Organization (WCO) to classify traded products. Over 200 countries use the HS system as the basis for customs tariffs, trade statistics, and import/export regulations.

Each HS code follows a hierarchical structure:

  • Chapter (2 digits) β€” Broad category of goods (e.g., Chapter 84: Machinery and Mechanical Appliances)
  • Heading (4 digits) β€” More specific grouping within the chapter
  • Subheading (6 digits) β€” Internationally standardized breakdown, used by all WCO member countries
  • National subdivisions (8-10 digits) β€” Country-specific extensions for further classification, such as US HTSUS 10-digit codes

Correct HS code classification is essential for smooth customs clearance, accurate duty payment, and compliance with trade regulations. Misclassification can lead to customs delays, overpayment of duties, or penalties.

When importing from CN to US, the applicable tariff rates may include:

  • Most-Favored-Nation (MFN) rate β€” The standard duty rate applied to WTO members
  • General rate β€” Applied to countries without trade agreements
  • Trade remedy duties β€” Additional tariffs such as Section 301 (anti-dumping), Section 232 (national security), or countervailing duties

The information provided on this page is for reference purposes only. For official classification, please consult with your local customs authority or a licensed customs broker.