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NY D82324




October 9, 1998

CLA-2-39:RR:NC:SP:222 D82324

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Maria Teri
Overton & Co. Air Services, Inc.
700 Rockaway Turnpike, Suite 201
Lawrence, NY 11559

RE: The tariff classification of a plastic round box and a plastic shower caddie from China and Taiwan.

Dear Ms. Teri:

In your letter dated September 10, 1998, you requested a tariff classification ruling.

You have submitted two samples. Sample no. 1, is an empty clear plastic round box with a double wall. The double wall is filled with water, polypropylene snow and silver glitter. A clear plastic top is used to cover the round box. Your correspondence states that this item will be used as packaging for other items. Although it may be bought filled with other items, in our opinion it will be used primarily for storage in the home.

Sample no. 2, is a plastic shower caddie. The rectangular shaped caddie has holes throughout the entire item. A swivel handle made of plastic is attached to the caddie. This caddie is used to contain other articles while an individual is in the shower.

The applicable subheading for sample no. 1 and sample no. 2 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.

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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