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NY C88196




June 1, 1998

CLA-2-39:RR:NC:SP:221 C88196

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000; 3925.90.0000

Mr. James E. Reider
International Trade Group, Inc.
Postal Drawer 21877
Columbus, Ohio 43221-0877

RE: The tariff classification of plastic bag holders from China.

Dear Mr. Reider:

In your letter dated May 18, 1998, on behalf of Dennis Associates, you requested a tariff classification ruling.

The Dennis bag holder is a unit, molded from plastics materials, designed to hold either a reclosable plastic bag or a T-shirt style plastic merchandise bag. One style is designed to be placed, saddle style, over the middle divider of a double sink. The other style is designed for permanent installation onto a counter by means of screws. The counter mounted unit incorporates a supporting back piece and two projecting arms, each ending in a clamp. The saddle style sink unit has two projecting arms on each side. In use, the reclosable or merchandise bags are secured into the clamps, permitting the bags to be held in an open position while being filled.

The applicable subheading for the saddle style sink bag holder will be 3924.10.5000, HTS, which provides for...other household articles...of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the counter mounted bag holder designed for permanent installation by means of screws will be 3925.90.0000, HTS, which provides for builders' ware of plastics, not elsewhere specified or included...other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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