Federal Circuit Upholds Ruling that Ziploc Sandwich Bags Not Classifiable as Plastic Household Goods

The Court of Appeals for the Federal Circuit on June 2 upheld a Court of International Trade ruling that S.C. Johnson's Ziploc brand reclosable sandwich bags are classified under Harmonized Tariff Schedule heading 3923 as articles for the conveyance or packing of other goods, dutiable at 3%, and not in heading 3924 as plastic household goods, which are eligible for duty-free GSP treatment. Since the bags could fall under either heading 3923 or 3924, heading 3923 is the correct home for the bags since its terms are "more difficult to satisfy and describe the article with a greater degree of accuracy and certainty," the Federal Circuit said in upholding CIT's decision.