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NY C81783




December 12, 1997

CLA-2-39:RR:NC:SP:222 C81783

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. James W. Lawless
C. H. Powell Company
1 Intercontinental Way
Peabody, MA 01960

RE: The tariff classification of a plastic carrying bag from China.

Dear Mr. Lawless:

In your letter dated November 13, 1997, on behalf of your client The First Years, Inc., you requested a tariff classification ruling.

The submitted sample is identified as item no. 1039, Pooh Bottle Bag. This insulated bag is used to carry infants bottles. The outer and inner material is made of vinyl, the insulation is 100 percent foam, the zipper is made of nylon and the handle is made of polypropylene webbing. The front portion of the bag has "Winnie the Pooh" character holding a balloon. This bag also has an embroidered "Pooh" label attached.

Although the letter states "Bottle Bag", it is not specifically a bottle bag. It is an insulated carrying bag for items such as lunch as well as baby bottles.

The applicable subheading for item no. 1039, will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles...of plastics: other, other. The rate of duty will be 3.4 percent ad valorem.

The duty rate will remain the same for 1998.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Masterson at 212-466-5892.

Sincerely,

Robert B. Swierupski
Director,

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