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NY C89638


July 17, 1998

CLA-2-39:RR:NC:SP:221 C89638

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. J. Stanley

309 Linden Avenue

Victoria, B.C., Canada V8V 4E8

RE: The tariff classification of the "PermaBag" from China.

Dear Mr. Stanley:

In your letter dated June 26, 1998, you requested a tariff classification ruling.

The "PermaBag" is described as a climate control system used for the storage of any item requiring protection from humidity. The main component of the system is a zippered storage bag, available in sizes ranging from 160 cubic feet to 560 cubic feet in capacity. A sample swatch of the material used to manufacture the bag was included with your request. The material consists of manmade fiber strips, measuring not over 5 mm in width, woven into a fabric which is then coated on both sides with a pigmented plastics material which is visible to the naked eye other than by change of color.

The bag is marketed as part of a complete storage system, including a water absorbing clay desiccant packed inside perforated metal cylinders, a digital hygrometer, and a brass padlock. The desiccant-filled cylinders and the hygrometer are placed inside the bag along with the product to be stored. You list as examples of products which might be stored in the bag an automobile, a boat, antiques, film, pharmaceuticals or machinery. The bag is then zippered closed, and the padlock may be attached to secure the contents. The moist air within the PermaBag is absorbed until the relative humidity is below 50 percent. The hygrometer will indicate when the desiccant needs to be regenerated. The desiccant can be regenerated in an oven and reused repeatedly.

The storage bag is made is China, the desiccant compound is made in Denmark, and the cylinders, hygrometer and brass lock are made in Germany. The components are packaged together for retail sale. The bag predominates over the other components by both weight and value and plays the major role in the function of the storage system. The components constitute a set, with the essential character imparted by the storage bag.

The applicable subheading for the "PermaBag" storage system will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, 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,


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