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NY 883872




April 8, 1993

CLA-2-39:S:N:N6:221 883872

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.21.0090

Mr. Philip Goldschmiedt
Armin Poly-Version, Inc.
301 West Side Avenue
Jersey City, NJ 07305

RE: The tariff classification of polyethylene heat "caps" from Hong Kong or China.

Dear Mr. Goldschmiedt:

In your letter dated March 12, 1993, you requested a tariff classification ruling.

The sample submitted with your letter is described as a disposable polyethylene heat cap. It is used to cover the head after the application of dying or perming chemicals to the hair. After the processing time has elapsed, the cap is discarded. Though described as a cap, it is in the form of a bag, measuring 10 inches by 16 3/4 inches, made by folding a sheet of polyethylene and heat sealing two sides. The bag is laminated to a paper sheet containing printed instructions for perming or dying the hair. The essential character of this composite article is imparted by the plastic bag.

The applicable subheading for the heat "cap" will be 3923.21.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods...sacks and bags, of polymers of ethylene, other. The rate of duty will be 3 percent ad valorem.

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

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